Delhi High Court
State Of Uttar Pradesh vs Delhi Peasants Coop. Multi ... on 8 February, 2013
Author: Manmohan Singh
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: February 08, 2013
+ R.A. No.136/2012 in EX.P. 83/2001
STATE OF UTTAR PRADESH ..... Decree Holder
Through Mr. Amit Mittal, Adv. with
Mr. A.K. Ranjan, Adv.
versus
DELHI PEASANTS COOP. MULTI PURPOSE
..... Judgment Debtor
Through Objector Hind Ravi Sharma in person
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
MANMOHAN SINGH, J. (Oral)
1. The objector, who is a member of the judgment debtor society, has
filed the present application for review of the order dated 17 th November,
2011 passed by this Court in Execution Petition No.83/2001.
2. It is stated in the application that in a reply to the RTI query, vide
order dated 2nd March, 2007 it was intimated to him that possession of land
measuring upto 379.45 acres was taken from the judgment debtors.
However, according to the decree holder, out of total 380 acres, they have
taken possession of 371 acres of land and the remaining 8.48 acres is still in
possession of the judgment debtors. It is also stated in the application that
the land in question has already been transferred from the State of U.P. to
the Noida Development Authority. Therefore, State of U.P. can neither be a
party pertaining to the land nor can it seek warrants of possession against the
remaining land. Further, it is stated that the objector herein had not the
undertaking dated 6th August, 2001 to return his land as alleged in Ex.
No.347/2008.
3. In the reply to this application filed by the decree holder it is sated
that the objector has no locus standi to file the present application as the
present Execution petition has been filed by the decree holder against the
judgment debtors for implementing the decree dated 2 nd May, 1975 passed
by this Court in CS (OS) No.13/1969 whereby the decree holder was entitled
for vacant possession of land. The said decree was challenged by the
judgment debtors through R.F.A. (OS) No. 10/1976 which was dismissed
vide order dated 29th November, 2000. The order dated 29th November, 2000
was further challenged by the judgment debtors through SLP (C)
No.1169/2001 and also by some members of the society through SLP (C)
No.1170/2001. Both the SLP's were dismissed vide order dated 9 th July,
2001. Thereafter, the present Execution Petition was filed.
4. Some members of the Society including the objector herein, filed E.A.
No. 507/2004 and obtained the order dated 27th December 2004 restraining
the decree holder from dispossessing the objector but, the sad order was
stayed by the Supreme Court vide order dated 18th February, 2005 in
Contempt Petition (C) No.1112-1113/2004 . Pursuant to the said order of the
Supreme Court the judgment debtor handed over possession of 371 acres of
land to the decree holder on different dates in the year 2005 and the
remaining 8.48 acres of land could not be handed over as some members of
the Society had raised pucca construction over the said portion of land
therefore, warrants of possession were obtained from this Court. It is also
stated that the objector is neither a judgment debtor nor in possession of any
part of the land in question and as such has no locus standi to filed the
present application. The application for review of the order dated 17 th
November, 2011 is not maintainable and the same is dismissed.
EX.P. 83/2001
Let fresh warrants of possession be issued in terms of order dated 17 th
November, 2011, returnable on 2nd July, 2013. The decree holder shall take
all necessary steps in the Registry within four weeks from today.
(MANMOHAN SINGH)
JUDGE
FEBRUARY 08, 2013
