Case :- WRIT - C No. - 13717 of 2013…
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Court No. - 32
Case :- WRIT - C No. - 13717 of 2013
Petitioner :- Allahabad Development Authority Allahabad Respondent :- Uma Shanker Singh Secy. Shiva Sahkari Avas Samiti Ltd.Andors.
Counsel for Petitioner :- Ashwani K. Mishra,Anand Prakash Paul Counsel for Respondent :- C.S.C.,Meenakshi Singh,Ram Gopal Tripathi
Hon'ble Rohit Ranjan Agarwal,J.
List revised. No one is present on behalf of petitioner Development Authority. Ms. Meenakshi Singh, learned counsel for respondent no. 1 is present.
The matter is listed as peremptorily, as on 27.10.2021, counsel appearing for Development Authority had sent illness slip.
From the perusal of record, it transpires that the land of respondent no. 1 was acquired after notification under Sections 4 and 6 of the Land Acquisition Act in the year 1989. Possession was taken in the year 1990 and award was made on 07.02.1991. A reference being Land Acquisition Reference No. 132 of 1991 was made on 20.03.1991. The reference court decided the matter on 07.05.1999, against which two first appeals were filed, being First Appeal No. 964 of 1999 by Allahabad Development Authority and other First Appeal No. 5 of 2005 by Allahabad University. During pendency of appeal, an execution case was filed and the same case was decided vide order dated 28.02.2013. Against order of executing court, present writ petition has been filed.
Ms. Meenakshi Singh, learned counsel appearing for contesting respondent no. 1 submitted that first appeal filed by development authority was decided on the statement of learned counsel for petitioner, development authority and appeal was dismissed vide order dated 03.11.2016. She further submitted that appeal preferred by University was dismissed in default on 03.11.2016, and best to her knowledge, no recall/ restoration application has been filed by University till date.
The order passed by Division Bench in First Appeal No. 964 of 1999 on 03.11.2016 is extracted hereasunder:-
"1. Sri A.P. Paul, learned counsel for appellant, Allahabad Development Authority states that disputed land since has already been transferred to
Allahabad University, therefore, Allahabad Development Authority has no cause of interest in the property in dispute and whatever amount of compensation is ultimately be decided, is payable by University.
2. In view thereof this appeal is dismissed."
In view of above, as development authority has already withdrawn its appeal against the award made in the land acquisition proceedings and the order of reference court, present writ petition is also not maintainable.
In view of said fact, considering the facts and circumstances of case, I find that no cause of action survives once the appeal filed by development authority has already been dismissed against the order of reference court.
Writ petition fails and is hereby dismissed.
Interim order, granted earlier, stands vacated.
Order Date :- 1.11.2021 V.S.Singh
Allahabad Development Authority Allahabad
Shiva Sahkari Avas Samiti Ltd.
Rohit Ranjan Agarwal
As recorded by the court registry
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