Supreme Court - Daily Orders
Brij Bihari Lal Tandon (Deceased) Thr ... vs State Of U.P . on 9 September, 2016
Bench: Dipak Misra, C. Nagappan
CA 8863-8864/16
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.8863-8864 OF 2016
(Arising out of S.L.P.(C) Nos.26536-26537 of 2016)
Brij Bihari Lal Tandon (Deceased) Appellant(s)
Through Lrs. and Others
Versus
State of U.P. and Others Respondent(s)
O R D E R
Leave granted.
Heard Mr. A.K. Ganguli, learned senior counsel for the appellant and Mr. Pankaj Bhatia, learned counsel for the respondent No.3.
The present appeals, by special leave, call in question legal validity of the common judgment and order dated 21st July, 2016, passed by the High Court of Judicature at Allahabad in Writ-C No.13846 of 1988 and Writ-C No.20134 of 2000.
The facts which are necessary to be stated are that late Brij Bihari Lal Tandon was granted certain land on lease in the year 1953. The lease deed has been brought on record Signature Not Verified as Annexure P-4. The lease was to remain in subsistence for Digitally signed by CHETAN KUMAR Date: 2016.09.19 a period of thirty years. After expiry of thirty years, a 18:40:44 IST Reason:
decision was taken by the State Government to execute a sale deed in favour of the appellant by converting it to free hold. The concerned Collector was directed to execute the CA 8863-8864/16 2 sale deed. As the same was not done, the original lease holder preferred the writ petitions seeking execution of the sale deed. During the pendency of the writ petitions, the original lessee expired and the legal heirs were brought on record.
During the pendency of the writ petitions, the Municipal Board, Maunath Bhanjan, Mau, initiated civil action forming the subject matter of Original Suit No.164 of 1999 in the court of Civil Judge (Senior Division), Mau, U.P. seeking declaration of right, title and interest in respect of self same property. The trial Judge dismissed the suit on 14 th March, 2016. The judgment and decree passed by the learned Civil Judge is the subject matter of First Appeal No.176 of 2016, pending before the High Court of Judicature at Allahabad.
The aforesaid narration of facts clearly reveal that the controversy fundamentally relates to right, title and interest of the property in question. The High Court in the writ petitions, as we find, has almost given a kind of declaration in favour of the Municipal Board. In our considered view, in a writ petition such a declaration should not have been given, more so, regard being had to the fact that the appeal where the adjudication is to take place is sub judice. Therefore, we are compelled to set aside the common judgment and order passed by the High Court in the writ petitions and request the High Court to dispose of the First Appeal, as expeditiously as possible. Before parting with the case, we may hasten to mention that we have not expressed any opinion with regard to the nature of the lease and the status of the lessor or lessee.
Status quo, as regards the property in question, shall be maintained till the First Appeal is disposed of. CA 8863-8864/16 3 The appeals are allowed to the extent indicated above. There shall be no order as to costs.
......................J. (Dipak Misra) ......................J. (C. Nagappan) New Delhi;
September 09, 2016.
CA 8863-8864/16
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ITEM NO.55 COURT NO.4 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) Nos.26536-26537/2016 (Arising out of impugned final judgment and order dated 21/07/2016 in WC No. 13846/1988 21/07/2016 in WC No. 20134/2000 passed by the High Court of Judicature at Allahabad) BRIJ BIHARI LAL TANDON (DECEASED) THR Petitioner(s) LRS. AND ORS.
VERSUS STATE OF U.P AND ORS. Respondent(s) (With appln. (s) for exemption from filing O.T. and permission to submit additional document(s) and interim relief and office report) Date : 09/09/2016 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE C. NAGAPPAN For Petitioner(s) Mr. A.K. Ganguli, Sr. Adv.
Mr. Sunil Kumar Jain, AOR Mr. Kaushik Choudhury, Adv. Mr. Punya Garg, Adv.
For Respondent(s) Mr. Pankaj Bhatia, Adv.
Mr. Ramesh Chandra Singh, Adv. Mr. rituvendra Singh, Adv. Mr. Abhinav Shrivastava, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are allowed in terms of the signed order.
(Chetan Kumar) (H.S. Parasher)
Court Master Court Master
(Signed order is placed on the file)