Allahabad High Court
Prema Devi vs State Of U.P. And 2 Others on 19 September, 2023
Bench: Mahesh Chandra Tripathi, Prashant Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:180554-DB
Court No. - 40
Case :- WRIT - C No. - 24047 of 2023
Petitioner :- Prema Devi
Respondent :- State Of U.P. and 2 Others
Counsel for Petitioner :- Basdeo Nishad
Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioner and Sri Ambrish Shukla, learned Additional Chief Standing Counsel for all the respondents.
2. By means of present writ petition the petitioner has sought following reliefs:-
"(a) issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 to enquire the whole matter as land scam committed on plot no.676 (Nazul land) forthwith situated at Gram Husainabad, Pargana Haveli, Tehsil Sadasar, District City, Jaunpur.
(b). issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 to decide representation of the petitioner dated 23.03.2023 (Annexure No.9 to the writ petition).
(c) issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 to rehabilitate the petitioner and consider the installment already deposited by the petitioner."
3. Sri Ambrish Shukla, learned Additional Chief Standing Counsel has raised an objection regarding maintainability of the writ petition on the ground that earlier the petitioner had approached to this Court by preferring Writ C No.8981 of 2005 (Smt. Prema Devi vs. State of UP & others) wherein it was claimed that the petitioner was in unauthorised possession over Nazul land being plot no.676 area 1.440 sq. ft. situated in Village Husainabad, Pargana Haweli, Tehsil Sadar, District Jaunpur and since she was in possession for more than 24 years, therefore, the aforesaid Nazul land be made free hold in her favour in pursuance of Government orders dated 01.12.1998 and 10.12.2002. She had made a representation to the District Magistrate on 11.4.2001 and deposited Rs.32,400/- on 27.3.2001 by treasury challan and Rs.10,000/- on 18.4.2004. In this backdrop, the Division Bench had disposed of the writ petition on 19.2.2008 with direction to the respondents to refund the amount deposited by the petitioner for getting the Nazul plot freehold within three months. In compliance of the aforesaid judgement, the process for refund of Rs.42,400/- was started and ultimately, a cheque of Rs.42,400/- was prepared on 27.01.2010 for payment to the petitioner. The said cheque was sent by the Tehsildar (Judicial), Tehsil Sadar, District Jaunpur but the petitioner did not receive the said cheque. Thereafter, the said cheque was sent to the petitioner through registered post on 16.02.2010 but the same was returned back on 24.02.2010 with the endorsement that the addressee was not available and was out of station. Ultimately, the said cheque was returned back from the post office to the department on 24.02.2010.
4. In this backdrop, learned Additional Chief Standing Counsel submits that so far as the judgment and order dated 19.02.2008 is concerned, necessary documents are appended alongwith the instructions, which clearly reflects that the said judgement has been complied with. Moreover, in case the amount was not returned, the petitioner had every chance to file a contempt application but no such effort was made by the petitioner. At this belated stage, no relief can be accorded to the petitioner. He further submits that in case the petitioner is still inclined to accept the principal amount, then the authority would have no objection for the same.
5. Considering the facts and circumstances as the Division Bench had already passed an order in the earlier writ petition on 19.2.2008 then at this stage the relief, as has been sought, cannot be extended to the petitioner for payment of interest on delayed payment and the same is unsustainable. However, in the interest of justice in case the petitioner approaches to the department within a week's time from today, the principal amount shall be returned to her within three weeks thereafter.
6. With the aforesaid observations/directions, the writ petition is disposed of.
Order Date :- 19.9.2023
RKP
