Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 2995 of 2018 Petitioner :- Motilal Nehru National Institute Of Technology And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Upadhyaya Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard Sri Ramesh Upadhyaya, learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.
Present writ petition has been filed seeking quashing of the proceeding of Civil Suit No. 89 of 2004 pending before the Civil Judge, Senior Division, Allahabad. A further prayer seeking a direction to the court below to decide the case on priority basis within such time as may be fixed by this Court has also been made.
Submission of learned counsel for the petitioner is that the petitioner is an educational institution and is a prestigious institute of technology and it has been established under the NIT Act, 2007. It was submitted that plot no. 52, Mauja Patti Chilla, Taluka Sadiyabad Uprahar, Chayal, district Allahabad was acquired by gazette notification dated 23.9.1972 issued under Sections 4 and 6 of the Land Acquisition Act and the possession of the land was handed by the Special Land Acquisition Officer, Allahabad to the Principal of the defendant - petitioner College on 31.3.1976 and the name of the petitioner institution was entered into in the revenue records. Copy of the Khatauni dated 9.1.2004 has been annexed. Submission therefore, is that the suit seeking injunction is covered by the provisions of the Land Acquisition Act and the present suit filed by the plaintiff respondent no. 3 claiming to be Bhumidhar and owner of the aforesaid plot no. 52/2 area .258 hectare is not at all maintainable and the interim injunction has incorrectly been granted and because of the interim injunction granted to the petitioner is suffering irreparable loss. Placing reliance on judgment of the Hon'ble Apex Court in the case of State of Bihar Vs. Dhirendra Kumar and others (1995) 4 SCC 229 submission is that the suit itself is not maintainable and no such injunction could have been granted by the court below.
Be that as it may, undisputedly the suit is pending and all such objections can be raised by the petitioner in the original suit.
Accordingly, considering the facts and circumstances of the case and urgency of disposal of the case, present writ petition stands disposed of with a direction to the court below to decide the suit itself on priority basis as expeditiously as possible by giving short dates and without granting any unecessary adjournments, preferably within a period of one year if there is no other legal impediment.
It is further provided that in case interim injunction application has not been finally decided, the same shall be decided in the light of Circular Letter dated 16.8.2017, which is quoted as under:
"Through Registered Post/E-mail From, Mohd. Faiz Alam Khan, HJS, Registrar General, High Court of Judicature at Allahabad.
To, All the District & Sessions Judges, Subordinate to the High Court of Judicature at Allahabad.
C.L. No. 24/Admin. 'G-II' Dated: Allahabad 16.08.17 Sub: Time bound disposal of interim injunction application. Madam/Sir Hon'ble Court has directed that all the subordinate courts must ensure to dispose of applications of interim injunction within six months, failing which they shall have to record reasons in the order sheet.
I am, therefore, directed to request you to circulate the instant direction amongst all the Judicial Officers working under your supervision and control and to ensure strict compliance of the same in letter and spirit.
Yours faithfully, Sd/-
(Mohd. Faiz Alam Khan) No. /Admin.'G-II' Dated: Allahabad 2017.
Copy forwarded for information and necessary action to:
1. The Registrar, High Court of Judicature at Lucknow Bench, Lucknow.
2. P.S. to all the Hon'ble Judges at Allahabad and also at Lucknow Bench, Lucknow to place the same before their Lordships for kind perusal.
3. The Director, Judicial Training & Research Institute, Gomti Nagar, Lucknow.
4. All the Judicial Officers posted in the Registry in Allahabad High Court and Lucknow Bench, Lucknow.
5. The Member Secretary, U.P. State Legal Services Authority, III floor, Jawahar Bhawan, Annexe Lucknow.
6. Section Officer, Admin. 'H' Section for compliance of guard file." (Emphasis supplied) The suit including issue of maintainability of the suit itself may be decided as per nature of the suit in the light of the judgment of the Hon'ble Apex Court, preferably within a period of one year.
No costs.
Order Date :- 30.4.2018 p.s.