Court No. - 6
Case :- WRIT - C No. - 12602 of 2019 Petitioner :- Arza Parveen Respondent :- The Estate Officer (Gazetted) And 2 Others Counsel for Petitioner :- Pooja Agarwal Counsel for Respondent :- Shashank Shekhar Singh
Hon'ble Anjani Kumar Mishra,J.
Yesterday, while this matter being heard, the counter affidavit not being on record, office has been directed to trace out the same and place it on record.
The court has been informed that office is still searching for the counter affidavit. I have therefore perused the copy of the counter affidavit available with counsel for the parties.
The writ petition arises out of proceedings under the public premises for eviction of the unauthorized occupants has drawn against the petitioner by the Aligarh Muslim University for his eviction from plot no.291, over which, the petitioner was alleged to be in unauthorized occupants.
In the plaint, in paragraph 3, it has been averred that the petitioner is bhumdhari with transferable rights of adjoining plot no.292. Subsequently by an amendment application, this averment was sought to be deleted.
The amendment application was allowed agains which order, the instant writ petition has been filed.
The primary ground to challenge that an admission could not have been withdrawn by means of an amendment.
Counsel for the Aligarh Muslim University has defended the impugned order saying that the petitioner is an unauthorized occupant of plot no.291. He however conceds that the respondent university has no concern with plot no.292 regarding which, the amendment was sought.
It is settled law that an admission in the pleading cannot be permitted to be withdrawn, although it is always open for the party to explains away the admission.
However, in the instant case and since, it is admitted that the respondent university has no concern with plot no.292, the amendment application in any case was wholly unjustified and irrelevant.
Moreover, an admission of title regarding a plot, which is not in issue in the proceedings, wherefrom the writ petition arises, in my considered opinion, should not have permitted to be withdrawn by the University.
Under the circumstances and for the reasons given above, this writ petition is allowed. The impugned order dated 02.03.2019 is set aside and the Court below is directed to proceed on the basis of the unamended plaint, since it has been stated that a written statement of the same had already been filed and is available on record of the proceedings.
Order Date :- 19.12.2019 AKT