Court No. - 32
Case :- WRIT - C No. - 24325 of 2019
Petitioner :- Virendra Kumar Gupta Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Deepak Kumar Jaiswal Counsel for Respondent :- C.S.C.,Ravi Ranjan
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for the parties and perused the records.
Petitioner had approached this Court earlier by filing a Civil Misc. Writ Petition No.6427 of 2002 (Virendra Kumar Gupta vs. State of U.P. and others) and this Court by order dated 1.2.2003, had passed the following order :-
"We are clearly of the opinion that the said lease was illegal and we quash the same. The possession of the land in dispute shall be taken back by the D.M. Mirzapur forthwith and utilised for setting up an Eye hospital for the general public. The D.M. Mirzapur shall consult medical engineering and other experts and shall immediately commence construction of the public Eye Hospital, as was desired by the testator. The D.M. will be incharge of the completion of this project, and will send compliance report to this Court which will be listed before us.
We also direct that an FIR be lodged forthwith against the then D.M. Mirzapur and city Magistrate as against as well as the answering respondents and an investigation made by the Chief Secretary, U.P. to find out why the land in dispute was ordered to be restored to the answering respondents."
The lease holder - Rajesh Kumar filed a Civil Appeal No.970/2007 (Rajesh Singh and others vs. U.P. Government and Others) before the Apex Court and the Apex Court disposed of the same with the following directions :-
"Accordingly, we direct the appellants to pay an amount of Rs.1,00,000/- (Rupees One lac only) to the State and the office of the Administrator General to pay an amount of Rs.1,00,000/- (Rupees One lac only) to the State by way of costs. The Administrator General will be entitled to recover the amount from the incumbent who entered into a registered lease with the appellants on 17.031992.
We are passing this order because nothing has been shown to us under the Administrators General Act, 1963 to indicate the Administrator General could have leased out the property to the appellants. There is no power given under this Act for this purpose.
The costs be paid within a period of six weeks from today. The State will utillize the costs as well as the property in question for giving effect to the trust deed by either constructing an eye hospital, as desired by the testator or alternatively by erecting a school, as provided in the trust deed."
Now, the present writ petition has been filed for the following reliefs :-
"(i) issue a writ, order or direction in the nature of mandamus commanding the second and third respondents (The Principal Secretary, Ministry of Communications, Government of U.P., Lucknow andDirector General, BSNL, New Delhi) to consider and decide the representation dated 8.3.2019 (Annexure - 5) to redress the grievance.
(ii) issue a writ, order or direction in the nature of mandamus commanding the fifth respondent (District Magistrate Mirzapur) to proceed for construction of Eye Hospital in Mirzapur by utilizing the property (Plot No.56 area 1 Bigha 5 Biswa) by giving effect to the trust deed dated 6.11.1964 as desired by the testator Late Bhairo Prasad Jaiswal in the WILL dated 24.11.1964, in compliance to order of Supreme Court dated 1.2.2017 (Annexure no.3) and order of High Court dated 1.2.2003 (Annexure no.2)."
In substance, the petitioner is trying to enforce the order passed by the Apex Court by way of filing the present writ petition.
It is suffice to say that in case, if the order passed by the Apex Court is not being complied with by the authorities concerned, it would be open for the petitioner, if so advised, to approach the Apex Court for redressal of his grievance, in accordance with law.
With the aforesaid observations, the petition stands disposed of.
Order Date :- 25.7.2019 Rishabh