Allahabad High Court
Mohd Naseem And 11 Others vs State Of Up And 3 Others on 25 November, 2024
Author: Rohit Ranjan Agarwal
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:184158
Court No. - 9
Case :- MATTERS UNDER ARTICLE 227 No. - 12635 of 2024
Petitioner :- Mohd Naseem And 11 Others
Respondent :- State Of Up And 3 Others
Counsel for Petitioner :- Aun Haider
Counsel for Respondent :- Ashish Mishra,C.S.C.,Siddharth Singhal
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioners and Sri Ashish Mishra, learned counsel appearing for respondents no.2 to 4.
Notice on behalf of respondent no.1 has been accepted by State.
The proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter called as "Act of 1971") were initiated against the petitioners by the respondents no.2 to 4 i.e. Life Insurance Corporation (in short 'LIC'). On 18.06.1984, a notice under Section 4 of the Act of 1971 was issued, pursuant to which, a case was registered under Section 5 of the Act. The petitioners instituted a civil suit for permanent injunction against LIC being Suit No.509 of 1984, which was dismissed on 17.09.1986. Thereafter, the petitioners had instituted a Civil Appeal No.345 of 1986 which was dismissed on 22.04.1988. The petitioners did not prefer any second appeal against the dismissal of his civil appeal in the year 1988.
It is further claimed that the U.P. Sunni Central Waqf Board, Lucknow filed a Civil Suit No.12 of 2009 against LIC which was dismissed on 21.02.2012, against which, no appeal was preferred by Waqf Board. Thereafter, the Waqf Board instituted another Suit No.657 of 2011 against LIC claiming relief of declaration and permanent injunction, in which, the petitioners were not the party. In the said suit, an application for temporary injunction was moved by the Waqf Board which was rejected on 24.10.2011, against which, no appeal has been preferred by the Waqf Board.
Learned counsel for the petitioners submits that the proceedings initiated under the Act of 1971 have culminated in the eviction of the petitioners from the property in dispute and appeal has also been dismissed, and his possession should be protected till the suit between LIC and the Waqf Board is decided.
Sri Ashish Mishra, learned counsel appearing for LIC submits that two suits were filed by the U.P. Sunni Central Waqf Board, one in the year 2009 and another in the year 2011. The suit filed in the year 2009 was dismissed on 21.02.2012 and another suit filed by the Waqf Board is still pending, in which, the application for grant of temporary injunction has already been rejected. He further submits that the findings have been recorded by the Court below that the name of LIC has been recorded over the property in dispute. He further contends that the suit filed by the petitioners has already been rejected in the year 1986, and the appeal filed thereafter has also been dismissed in the year 1988 and the petitioners cannot stay over the property on the basis of the civil suit which has been filed by the Waqf Board which is pending since 2011.
I have heard respective counsel for the parties and perused the material on record.
It is admitted case to both the parties that the civil suit instituted by the petitioners against LIC has already been dismissed in the year 1986 and the appeal filed against the dismissal of the civil suit has also been rejected in the year 1988 confirming the order passed by the trial Court. Once, the petitioners themselves have not challenged the findings of the judgment and decree dated 17.09.1986 and 22.04.1988, the same has become final. The proceedings under the Act of 1971 cannot be stalled only on the premise that the civil suit is pending between the Waqf Board and LIC. Earlier, the suit filed by the Waqf Board in the year 2009 was dismissed in the year 2012. The second suit which has been filed in the year 2011 is still pending, and the pendency of the same cannot grant any benefit to the petitioners as they have already lost in the civil suit filed by them against LIC.
No interference is required by this Court under Article 227 of the Constitution of India.
Writ petition is misconceived and the same stands dismissed.
Order Date :- 25.11.2024
SK Goswami
