Hardas And 12 Others vs Uttar Pradesh Awas And Vikas ...
2023 Latest Caselaw 21156 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:159095
 
Court No. - 1
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 4856 of 2023
 

 
Petitioner :- Hardas And 12 Others
 
Respondent :- Uttar Pradesh Awas And Vikas Parishad And Another
 
Counsel for Petitioner :- Narendra Mohan,Harish Chandra Mishra
 
Counsel for Respondent :- Vineet Pandey,Ajit Singh
 

 
Hon'ble Jayant Banerji,J.

1. Heard Shri Narendra Mohan, learned counsel for the petitioners and Shri Vineet Pandey, learned counsel for the respondent No.1.

2. This petition has been filed seeking the following reliefs:

"i. Issue an order or direction in the suitable nature and set aside the impugned order dated 20.01.2023 passed by learned Additional District Judge, Court No.1, Jhansi in Civil Revision No.50/2022 (Hardas and others Vs. U.P. Avas avam Vikas Parishad and another).

ii. Issue an order or direction in the suitable nature and set aside the impugned order dated 22.07.2022 passed by learned Civil Judge (JD) Jhansi in Original Suit No.589/2011 (Hardas and others Vs. U.P. Avas avam Vikas Parishad) pending before the Civil Judge (JD) Jhansi.

iii. Issue an order or direction in the suitable nature and stay the further proceedings of Original Suit No.589/2011 (Hardas and others Vs. U.P. Avas avam Vikas Parishad) pending before the Civil Judge (JD) Jhansi during the pendency of the petition before this Hon'ble Court."

3. The contention of learned counsel for the petitioners is that, by the impugned order dated 22.7.2022, the Civil Judge Junior Division, Jhansi, in Original Suit No. 589 of 2011 (Hardas and others Vs. U.P. Avas avam Vikas Parishad) has allowed the Application No. 55 Ga 2 filed by the respondent No. 2- Dheeraj Agarwal, under Order 1, Rule 10 CPC. Further under challenge is the judgment and order dated 20.01.2023 passed in Civil Revision No. 50 of 2022 by the Additional District Judge Court No. 1, Jhansi, whereby the revision filed by the plaintiff-petitioners has been dismissed and the order dated 22.7.2022 passed by the trial court has been affirmed. The contention is that the respondent No. 2 had approached this Court by filing a writ petition No. 13586 of 2012, which was disposed of. Pursuant to the directions made in the aforesaid writ petition of 2012, a proposal was made by a committee of the U.P. AwasVikas Parishad recommending return of the amount advanced by the respondent No. 2 and cancellation of his allotment. It is stated that under the circumstances, the respondent No. 2 would neither be a necessary party nor a proper party and, therefore, the orders are liable to be set aside.

4. Learned counsel for the petitioners has fairly admitted that the aforesaid document (Annexure No. 8 to the writ petition), which contains the aforementioned recommendations of a committee of the Awas Vikas Parishad, is not on record before the trial court and neither is any order made by the Awas Vikas Parishad subsequent to the aforementioned recommendation on record.

5. Under the circumstances, no interference is called for in the present petition and this petition is accordingly dismissed.

6. It is open to the plaintiff-petitioners to file such documents before the trial court in accordance with law, subject to any orders made by the trial court.

Order Date :- 8.8.2023

K.K.Tiwari

(Jayant Banerji, J.)