Allahabad High Court
Prayas Buildcon Pvt.Ltd. vs State Of ... on 29 August, 2022
Bench: Rajan Roy, Om Prakash Shukla
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 3
Case :- WRIT - C No. - 8870 of 2020
Petitioner :- Prayas Buildcon Pvt.Ltd.
Respondent :- State Of U.P.Thru.Prin.Secy.Housing And Urban Planning And Ors.
Counsel for Petitioner :- Ritwick Rai,Alok Kumar Singh,Aviral Raj Singh,Dhruv Kumar Singh,Palash Banerjee,Ravi Gupta
Counsel for Respondent :- C.S.C.,Ratnesh Chandra,Smt. Nalini Prakash Jain
Hon'ble Rajan Roy,J.
Hon'ble Om Prakash Shukla,J.
Heard.
Sri Ratnesh Chandra, learned counsel for the L.D.A. has brought to our notice the Full Bench decision which has answered the reference made to it in this very case. He has ably assisted us and taken us through the Full Bench decision and has submitted that in view of the questions already answered, this petition is liable to be dismissed.
This petition was heard earlier, however, the Hon'ble Judges had expressed differing opinions on the relevant issues. Accordingly, the matter was referred to Hon'ble the Chief Justice for constituting a larger Bench for deciding the questions referred. We have perused the reference order. We have also perused the opinion of the Full Bench on the questions referred to it. The questions referred were as under:-
2. The issues, on which the opinion is sought, are as under:
"i) Whether the subsequent Writ Petition No.8870 (MB) of 2020 filed by the petitioner after final judgment dated 17.05.2019 passed in Writ Petition No.12081 (MB) of 2009 is an abuse of process of the Court, as before filing the Writ Petition No.8870 (MB) of 2020, the petitioner has filed Civil Misc. Application No. 87559 of 2019 for further direction and issuance of certificate for leave to appeal before the Supreme Court under Article 134 of the Constitution and during the pendency of the said application, the present writ petition has been filed?
ii) Whether the second Writ Petition No.8870 (MB) of 2020 filed by the petitioner is maintainable in view of the fact that the petitioner is seeking implementation of the judgment and order dated 17.05.2019 passed in Writ Petition No.12081 (MB) of 2009? and,
iii) Whether the second Writ Petition No.8870 (MB) of 2020 is barred by the principle of res judicata/constructive res judicata in view of the fact that while allowing Writ Petition No.12081 (MB) of 2009 vide judgment and order dated 17.05.2019, the respondents have been directed to process the application of the petitioner for conversion of lease-hold-rights into free-hold, in accordance with law laid down by the Full Bench in Anand Kumar Sharma's case (supra) and, thus, the issue regarding the relevant date for conversion charges was very much involved in Writ Petition No.12081 (MB) of 2009?"
The answers to the said questions by the Full Bench were as under:-
"ANSWERS TO QUESTIONS
46. Question No.I is answered in positive holding that filing of the present writ petition was an abuse of process of Court.
Question No.II - Though a writ petition can be entertained for execution of an order passed earlier by the Court, however, the writ petition filed by the petitioner in the facts and circumstances of the case was not maintainable.
Question No.III is answered in positive holding that present writ petition filed by the petitioner was barred by principles of res judicata/ constructive res judicata. "
The Full Bench has already held that this petition filed by the petitioner is barred by principles of res judicata / constructive res judicata. It has also been held that filing of this petition is an abuse of the process of court. The Full Bench has further held that though a writ petition can be entertained for execution of an order passed earlier by the Court, however, the writ petition filed by the petitioner in the facts and circumstances of the case was not maintainable.
In view of the reasons already given by the Full Bench decision, this petition is liable to be dismissed for the reason aforesaid.
Accordingly, the writ petition is dismissed.
(Om Prakash Shukla,J.) (Rajan Roy,J.)
Order Date :- 29.8.2022
Shanu/-
