Allahabad High Court
Rajpal Singh & Others vs State Of U.P. & Others on 11 April, 2012
Bench: Ashok Bhushan, Prakash Krishna
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- WRIT - C No. - 4673 of 2012
Petitioner :- Rajpal Singh & Others
Respondent :- State Of U.P. & Others
Petitioner Counsel :- J.H. Khan,A.K. Pandey,W.H. Khan
Respondent Counsel :- C.S.C.,Ramendra Pratap Singh
Hon'ble Ashok Bhushan,J.
Hon'ble Prakash Krishna,J.
By this petition, the petitioners have prayed the following reliefs:
"(i) issue a writ, order or direction in the nature of mandamus declaring that land acquisition proceedings initiated on the basis of notification dated 24th August, 2007 under sub section 1 of Section 4 of the Act and notification dated 12th August, 2008 under Section 6 of the Act read with section 17(1) of the Act in respect of petitioners have lapsed under Section 11-A of the Act be issued;
(ii) issue a writ, order or direction in the nature of certiorari quashing the award dated 3.9.2011 (ANNEXURE-3);
(iii) issue a writ, order or direction in the nature of mandamus commanding the respondents to delete the name of NOIDA's name in the revenue record and re-enter the name of petitioners over the disputed plot;
or in the alternative
(iv) issue a writ, order or direction in the nature of mandamus commanding the respondents to lease back 3600 sq mtrs land at some other place like plot nos. 328, 329, 330, 331 in lieu of petitioners plot no.429 as has been done in the case of Ranpal, Mange Ram, Smt. Maya, Smt. Sunita, Ved Ram, Beg Raj, Mawasi & Bagwat;
(v) issue any other writ, order or direction which the Hon'ble Court may deem fit and proper in the circumstances of the present case;
(vi) award costs to the petitioners from the contesting respondents."
The same petitioners have filed earlier Writ Petition No. 75721 of 2011 praying for the following reliefs:
"(i) Issue a writ order or direction in the nature of certiorari quashing the entry dated 24.10.2011 in the revenue record (Annexure-5) deleting the petitioners' name as well as impugned notification dated 24.08.2007 issued under Section 4(1) and 6 of Land Acquisition Act in respect of the land of Khasra no. 429 (area 0.9350 hectare) at Village: Asgarpur Jagir, Tehsil and Parganas: Dadri, District: Gautam Budh Nagar;
(ii) Issued a writ, order or direction in the nature of mandamus commanding the respondents from interfering in peaceful possession of the petitioners and from demolishing the constructions standing over the land of Khasra no. 429 (area 0.9350 hectare) at Village: Asgarpur Jagir, Tehsil and Parganas: Dadri, District: Gautam Budh Nagar so that justice be done;
(iii) Issue any other or further writ, order or direction which the Court may deem fit and proper in favour of the petitioners;
(iv) Award the cost of the petition to the petitioners."
In both the petitions, the petitioners have challenged the notification dated 24th August, 2007 issued under sub section (1) of Section 4 of the Act as well as notification dated 12th August, 2008 under Section 6 of the Act read with section 17(1) of the Act. The earlier writ petition has already been disposed of by the judgment and order dated 23.12.2011 in terms of the Full Bench judgment dated 21st October, 2011 in Gajraj's case.
Learned counsel for the petitioners contended that there is fresh cause of action, hence, the petition may be entertained. He submits that the ground on the basis of Section 11-A of the Act has not been taken in the earlier writ petition. The petitioners have filed the earlier writ petition with the same prayers. Mere fact that the ground on the basis of Section 11-A of the Act has not been taken in the earlier writ petition to challenge the notifications impugned shall not give fresh cause of action to file second writ petition.
Principle of constructive res-judicata shall be applicable and all the grounds which were available to the petitioners at the relevant time ought to have been taken in the first writ petition. Section 11-A of the Act was also considered by the Full Bench in Gajraj's case and the earlier writ petition was disposed of in terms of the Full Bench decision in Gajraj's case.
In view of the above, we do not find any good ground to entertain the second writ petition.
The writ petition is dismissed.
(Prakash Krishna,J) (Ashok Bhushan,J)
Order Date :- 11.4.2012
MK/
