Allahabad High Court
Dr. R.N. Gupta Technical Educational ... vs Addl. Collector (Protocol)/D.D.C. And ... on 28 April, 2014
Author: Anjani Kumar Mishra
Bench: Anjani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 18 Case :- WRIT - B No. - 24044 of 2014 Petitioner :- Dr. R.N. Gupta Technical Educational Society Respondent :- Addl. Collector (Protocol)/D.D.C. And 9 Ors. Counsel for Petitioner :- Satyendra Kuamr Singh Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava Hon'ble Anjani Kumar Mishra,J.
The petitioner is aggrieved by an order dated 24.1.2014 whereby the revision of the petitioner which order by meeting the raising of construction over the land in dispute, has been dismissed. It is the case of the petitioner that he claims on the basis of an agreement to sell in his favour. The suit for specific performance is pending. The agreement to sell, in question was complied in part by the contesting respondent. It is only as regards a smaller area that the suit of the specific performance has been filed. During the pendency of the suit aforesaid, deeds of transfer have been executed by the contesting respondent creating third party rights. It is these purchasers who applied for and obtained permission for raising constructions.
Matter requires consideration.
Issue notice to respondent nos. 4 to 10 by registered post A.D. Steps may be taken within a week.
Shri Ashish Kumar Srivastava, appears for the respondent no. 3 and may file a counter affidavit within three weeks.
Until further orders, it is provided that any constructions made by the respondent in the writ petition shall be subject to final orders passed in the writ petition and the respondents shall be at a liberty to raise constructions at their own risk and it will not permissible for them to challenge any decree passed in favour of the petitioner in the suit for specific performance on the ground that they have raised constructions after obtaining permission for the same.
Order Date :- 28.4.2014 Priyanka