Writ petition filed by a deponent without authority to place on behalf of petitioner seeking direction to restrain respondent from making shops over disputed government land. Court dismissed petition due to lack of locus standi of the deponent to file the petition.
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Court No. - 32
Case :- WRIT - C No. - 24939 of 2019
Petitioner :- M/S Swadeshi Cotton Mills Naini Allahabad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Devendra Pratap Singh Counsel for Respondent :- C.S.C.,Abhinav Ojha,Suresh C. Dwivedi
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
This writ petition has been filed, inter alia , for the following relief:
"(2) Issue a writ, order or direction in the nature of mandamus commanding and directing the repondents not to make any shops over the land of Swadeshi Cotton Mills, Naini Allahabad(now Prayagraj) situated in between boundary wall of Swadeshi Cotton Mills, Naini and Mirzapur Highway as he same land belongs to Government of India and N.T.C. "
Learned counsel for the petitioner submits that the boundary wall of the Swadeshi Cotton Mills, Naini (petitioner) had been constructed leaving about 20-30 fits of the land vacant for green belt throughout the Mirzapur National Highway and the same is protected by wire fencing. He further submits that recently during
widening of highway for making four lane highway, the vacant land of the petitioner situated in between boundary wall of the mill and Mirzapur National Highway has been utilised and wire fencing has been destroyed. He further submits that it has come to the knowledge of the petitioner that the Nagar Nigam Prayagraj has taken a decision to establish vendor zone and for that purpose the vacant land of the Swadeshi Cotton Mills, Naini has been earmarked and a letter has been served upon the petitioner asking it not to make any construction over the vacant land of the mills.
Heard the learned counsel for the petitioner, Mr. Abhinav Ojha, learned counsel for the respondent no. 4 and Mr. S.D. Kautilya, learned counsel for the respondent no.3 and perused the record.
From perusal of the record, it transpires that the deponent, who has filed an affidavit in support of the present writ petition is one Ramakant Yadav, who has stated in para 1 of the affidavit that he is presently looking after the land matter of the N.T.C. in the State of U.P. and has been authorised to file the present affidavit on behalf of the petitioner. However, there is nothing on record to show that he has got any authority to file the present writ petition on behalf of the petitioner nor any authority letter has been filed along with the writ petition and as such he has no locus standi to file the present writ petition. Apart from it , In para 6 of
the writ petition itself, it has been stated that in the year 1978 due to mismanagement of mills, the Government of India took over the management of the mills under Section 18 AA of the Industries (Development and Regulations) Act, 195. After taking over the management of the mills by the Central Government, a large amount of money had been vested by the Central Government with a view to make the textile mills viable and acquired the said textile undertakings of Swadeshi Cotton Mill Company Ltd., including the petitioner to ensure that the interest of the general public is served, vide Act of Parliament known as the Swadeshi Cotton Mills Company Ltd. (Acquisition and Transfer of Undertakings) Act, 1986( Act no. 30 of 1986). As such, as per the statutory provisions, the entire land of Swadeshi Cotton Mills including the vacant land of Swadeshi Cotton Mills, Naini vested in the Central Government and thereafter in N.T.C. The record further reveals that the present writ petition has been filed setting up the aforementioned Ramakant Yadav as a deponent solely for the purpose of frustrating the aforesaid scheme of the Nagar Nigam Prayagraj, whereby the disputed land has been acquired for establishing the vending zone.
In view of the above, we do not see any justification to interfere in the matter. The writ petition is, accordingly, dismissed.
Order Date :- 2.8.2019 MLK
M/S Swadeshi Cotton Mills Naini Allahabad
State Of U.P.
Shashi Kant Gupta
Saurabh Shyam Shamshery
As recorded by the court registry
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