Supreme Court - Daily Orders
Daleshwar vs Adesh Tyagi on 27 September, 2024
Bench: C.T. Ravikumar, Sanjay Karol
1
ITEM NO.26 COURT NO.11 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 16525/2024
(Arising out of impugned final judgment and order dated 13-05-2024
in WRITC No. 761/2005 passed by the High Court Of Judicature At
Allahabad)
DALESHWAR Petitioner(s)
VERSUS
ADESH TYAGI & ORS. Respondent(s)
(FOR ADMISSION and I.R. and IA No.162672/2024-APPLICATION FOR
SUBSTITUTION and IA No.162670/2024-EXEMPTION FROM FILING O.T. )
WITH SLP(C) No. 16841/2024 (XI)
(FOR ADMISSION and IA No.167121/2024-APPLICATION FOR SUBSTITUTION
and IA No.167114/2024-EXEMPTION FROM FILING O.T. and IA
No.167122/2024-EXEMPTION FROM FILING DEATH CERTIFICATE/CERTIFIED
COPY OF DEATH CERTIFICATE)
Date : 27-09-2024 These petitions were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE C.T. RAVIKUMAR
HON'BLE MR. JUSTICE SANJAY KAROL
For Petitioner(s) Mr. Y K Singh, Sr. Adv.
Mr. Chandra Shelhar, Adv.
Mr. Pramod Tiwari, Adv.
Mr. Vivek Tiwari, Adv.
Ms. Priyanka Dubey, Adv.
Dr. Vinod Kumar Tewari, AOR
Mr. Abhishek Tiwari, Adv.
For Respondent(s) Mr. Sanchit Garga, AOR
Mr. Shashwat Jaiswal, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The petitioner seeks leave to challenge the order dated Signature Not Verified 3.5.2024 passed in Writ-C No. 761 of 2005 and Writ B No. 54273 of Digitally signed by Dr. Naveen Rawal Date: 2024.09.27 16:41:23 IST Reason: 2014 passed by the High Court of Judicature at Allahabad.
Heard learned senior counsel for the petitioner and also 2 learned counsel for the respondent-on caveat. Indisputably, two writ petitions were filed. The fact is that after hearing the matters simultaneously, separate orders were passed in both the writ petitions.
The order passed in Writ-B No. 54273/2014 which is under challenge in SLP(C) No. 16841/2024, the High Court remanded the matter back to the Trial Court to decide the suit under Section 229B/176 of U.P. Zamindari Abolition & Land Reforms Act, hereinafter referred to as “the Act”. Taking note of the fact that the petition was disposed of in the aforesaid manner, Writ-C No. 761/2005 was disposed of on the same date itself by separate order, which is under challenge in SLP(C) No. 16525/2024. The grievance of the petitioner is that instead of remanding the matter to take decision afresh on merits in paragraph 11 of the impugned order, it was observed that the dispute involved in Writ-C No. 761 of 2005 will be subject to the adjudication of the dispute under Section 229B/176 of the Act which has been remanded back by the High Court as per the order in Writ-B No. 54273 of 2014. Learned counsel for the petitioner seeks only clarification that the matter involved in Writ-C No. 761 of 2005 on remand be directed to be considered on its own merits instead of making it subject to the adjudication in the other one.
Needless to say that in terms of order passed in Writ-B No. 54273 of 2014, Suit No. OS 165/1996 has to be decided afresh. In such circumstances, it will be open to the parties to raise all contentions legally available in the said suit. 3 The special leave petitions are disposed of as above. Application for substitution stands allowed subject to just exceptions.
Pending application(s), if any, stands disposed of.
(DR. NAVEEN RAWAL) (MATHEW ABRAHAM) DY. REGISTRAR COURT MASTER (NSH)