Court No. - 9
Case :- CIVIL REVISION No. - 375 of 2014 Revisionist :- U.P.Avas Evam Vikas Parishad Thru. H.C.U.H.& D. Lko.
Opposite Party :- Smt. Zohra Begum And 7 Others Counsel for Revisionist :- S.K. Mishra Counsel for Opposite Party :- Suresh Gupta
Hon'ble Anjani Kumar Mishra,J.
Heard Shri S.K. Mishra, counsel for the revisionist and counsel for the opposite party.
The revision is directed against the order dated 09.07.2014 passed by the Additional District Judge, Court No.3, Meerut in Execution Case No.2 of 2010, filed for execution of the decree of the Reference Court in a Land Acquisition case.
The contention of counsel for the revisionist is that 36530 sq. yard land belonging to the tenure holder was acquired. The tenure holder had sold about almost 16000 sq. yard of this land and regarding this land also, the compensation has been saddled upon revisionist, although, the U.P. Avas Evam Vikas Parishad never obtained possession over this land, which has been sold by the tenure holder.
An identical submission appears to have been made even before the executing Court. This objection has been discarded by the Executing Court on the finding that similar plea had raised before the Reference Court had been negatived.
I do not find any illegality in the reasoning given by the Exuecting Court, inasmuch as it had no jurisdiction to go behind the judgement / decree that had been put to execution.
In case, finding returned by the reference Court was either illegal or vitiated, the Avas Evam Vikas Parishad should have challenged the same. Having failed to challenge it and after having permitted it to become final, it is not open for the Avas Evam Vikas Parishad to raise this plea before the Executing Court. The impugned order is therefore, perfectly justified and calls for no interference.
The submission of Counsel for the revisionist is that this illegality has occurred also on account of connivance of its own officials, the same does not improve the case of the revisionist, in so far as, this revision is concerned.
However, in case, such illegality and collusion has in fact been occasioned, it is always be open for the Avas Evam Vikas Parishad to proceed against the erring Officials in accordance with law.
Subject to the above, this revision is dismissed.
Order Date :- 27.7.2018 RKM Digitally signed by ANJANI KUMAR MISHRA Date: 2018.07.27 14:49:09 UTC Reason: Document Owner Location: High Court of Judicature at Allahabad