Court No. - 30
Case :- WRIT - C No. - 3699 of 2021 Petitioner :- M/S Aresko Estate Private Limited Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Uma Nath Pandey,Ashish Kumar Singh Counsel for Respondent :- C.S.C.,A.S.G.I.,Munna Kumar Singh
Hon'ble Ajay Bhanot,J.
Heard Sri Ashish Kumar Singh, learned counsel for the petitioner and Sri Shashi Prakash Singh, learned Additional Solicitor General of India assisted by Sri Munna Kumar Singh, Central Government Standing Counsel.
The petitioner claims to be recorded tenure holder in possession over the disputed parcels of land.
In proceedings taken out under Section 49 of the U.P. Revenue Code, 2006 filed at the behest of Ministry of Defence, Government of India, the name of the petitioner recorded in the revenue records has been expunged and a direction had been passed for making an entry in favour of the Union of India in the revenue records.
The impugned order also records that the petitioner is not liable to be heard. The proceedings before the court below are the result of directions issued by this Court in Ajit Singh Vs Union of India and others reported at 2017 (9) ADJ 251. This Court in Ajit Singh (supra) while considering the rights of parties held thus:
"39. Thus, the petitioners herein as also those in the connected writ petitions, do not deserve any relief from this Court in the writ petitions filed by them under Article 226 of the Constitution of India, for the following reasons:
(v) The land in question vested absolutely in the Government in 1950 itself free from all encumbrances and as a result thereof, interest, right and title of the original landowners to the land stood extinguished."
On this footing the learned court below has declined to give an opportunity of hearing to the petitioner.
In the light of the aforesaid finding rendered by a Division Bench of this Court in Ajit Singh (supra), I find there is no cause for interference in the impugned order.
However it would be apposite to reference some relevant facts.
Ajit Singh (supra) was decided by the learned Division Bench of this Court along with various companion writ petitions including the petition filed by the writ petitioners M/s Ajs Farm Owners Welfare Association and 5 others. It was brought to the notice of the Court that one of the petitioners namely M/s Ajs Farm Owners Welfare Association and 5 others took the judgment passed by this Court in Ajit Singh (supra) in appeal before the Supreme Court. While dismissing the SLP, following observations were made in the order:
"After considering the aforesaid submission, we are of the opinion that the petitioner may approach the High Court by filing a review petition on the aforesaid ground or any of the other grounds available to the petitioner. Once the review petition is filed within thirty days the same shall be considered on merits and shall not be dismissed on the ground of limitation. In case the review petition is decided against the petitioner, the petitioner shall have the right not only to challenge the order passed in the said review petition but also the impugned order as well. With the aforesaid liberty, this special leave petition is dismissed.
Status quo shall be maintained by the parties for the period of thirty days from today. However, it would be open to the High Court to pass any further orders in this behalf without being influenced by the order of status quo of thirty days granted by this Court.
Diary No.1751/2018 List the matter on 2nd April, 2018."
The said petitioners availed the opportunity granted by the Supreme Court and instituted a review petition before this Court. The review application filed against the judgment passed by this Court in M/s Ajs Farm Owners Welfare Association and 5 others Vs Union of India and 3 others was dismissed on 25.02.2021. As such the judgment rendered by this Court in Ajit Singh (supra) continues to operate with full force.
In wake of the preceding discussion, no cause of interference in the order of the court below is made out.
The writ petition is dismissed.
Order Date :- 27.7.2021 Pravin