Uttarakhand High Court
Mohd. Yamin Ali vs State Of Uttarakhand & Others on 22 February, 2021
HIGH COURT OF UTTARAKHAND
AT NAINITAL
Writ Petition No.344 of 2021 (M/S)
Mohd. Yamin Ali ...Petitioner
Vs.
State of Uttarakhand & others ...Respondents
Advocate : Mr. B.B. Sharma, Advocate for the petitioner.
Mr. Ajay Singh Bisht, Additional Chief Standing Counsel for the
State of Uttarakhand.
Hon'ble Sharad Kumar Sharma, J.
As a consequence of culmination of a land
acquisition proceedings, by answering the reference under
Section 18 of Land Acquisition Act, the Reference No.173 of
2005 Audyogik Avam Shaikshik Sansthan vs. Collector/Land
Acquisition Officer, Dehradun and another, reference as referred
was decided by the court of 4th Additional District Judge,
Dehradun. The said reference, was solicited by the respondent
no.2 i.e. the Society herein through its Secretary, Leela Negi, the
status of whom being the Secretary is being disputed by the
petitioner, in the present writ petition.
2. Be that as it may.
3. As against the said award, which was rendered on
11.09.2018, a regular first appeal being First Appeal No.244 of
2019, Audyogik Evam Shaikshik Sansthan through Diwan Singh,
son of late Shri Sher Singh, in the appeal is being now
represented by the Secretary, Leela Negi and the same is pending
consideration after its admission.
4. There had been a subsequent rival contention, which
had been raised by the petitioner by approaching this Court, by
filing a writ petition, being Writ Petition No.605 of 2011 (M/S),
Mohd. Yamin Ali vs. State of Uttarakhand, who claimed
himself to be the President of respondent no.2, herein, wherein
the said writ petition was decided by the Coordinate Bench of this
Court by the judgment dated 20.05.2019, whereby the
controversial issue, about the petitioner's entitlement to receive
the compensation, as a consequence of the conclusion of the Land
Acquisition, in the capacity of being the President and as to
whether the alleged Secretary of the Society, Mrs. Leela Negi,
would be entitled to receive the compensation, since was a
disputed question of fact, the Coordinate Bench of this Court by a
judgment of 20.05.2019, had directed the petitioner to file a
regular civil suit to get the matter decided. The Coordinate Bench
by the judgment of 20.05.2019, had granted liberty to the
petitioner to file a suit within two months from the said date
failing which the amount was directed to be released in favour of
the Society in terms of the impugned order, which was
challenged therein dated 03.03.2011, the following observation
was made by the learned Single Judge:-
"On failure on the part of the petitioner to file the suit
within two months, the amount, as aforesaid, shall be
released in favour of the society in terms of the
impugned order dated 03.03.2011."
5. As against this judgment, the petitioner had preferred
a review petition, which was too dismissed on 12.10.2020.
Against the aforesaid, two judgments, which were rendered in
Writ Petition No.605 of 2011 (M/S), admittedly a special appeal,
being Special Appeal No.312 of 2020 filed by the petitioner, is
pending consideration, without there being any interim order
passed by the Division Bench in favour of the petitioner.
Consequent thereto and further in the spirit of the judgment of
20.05.2019, which was rendered by the Coordinate Bench, that
on there being a failure on part of the petitioner to file a suit to
determine an inter-se rights between the Secretary, Leela Negi
and the present petitioner as its President, as to who would be
entitled to receive the compensation, since no suit was instituted
within the aforesaid period of two months, as directed therein by
the judgment of 20.05.2019. The award was put to execution and
the awarded amount has yet again been directed to be released in
pursuance to the impugned order dated 05.02.2021, which was
rendered by the court of IIIrd A.D.J. in Misc. Case No.786 of
2019, Audyogik Avam Shaikshik Sansthan vs. State of
Uttarakhand and others. It is this order, which has been put to
challenge by the petitioner and quite obviously, since it is an
order, which was passed by the Subordinate Court, the writ
petition has been preferred by the petitioner under Article 227 of
the Constitution of India, for the purposes of exercising its
supervisory jurisdiction, over the order impugned passed by the
subordinate courts in a proceedings, which are contemplated
under the special statute. The impugned order under challenge
dated 05.02.2021, would automatically fall to be, a decision
taken, as a consequence of the compliance of the judgment of this
Court dated 20.05.2019, which was passed by the Coordinate
Bench directing the disbursement of the money.
6. The recourse to filing of a writ petition, by giving a
challenge to the said order would be nothing, but a cumulative
and a successive invoking the forum of the writ courts without
getting the factual aspect being determined in the regular
proceedings of the suit as was directed by the judgment of
20.05.2019 and it cannot be ruled out that institution of the
present writ petition is nothing, but a reagitation of an issue of
entitlement of the compensation, which otherwise has already
been directed to be adjudicated at the behest of the petitioner, by
filing a regular suit, which has not been done till date.
Consequently, the impugned order, which has been passed by the
court of IIIrd Additional District Judge, Dehradun dated
05.02.2021 is in league with the judgment of 20.05.2019.
7. As far as the petitioner's grievance against the said
order, it would not be sustainable, for the reason being that if the
spirit of the judgment of 20.05.2019, is taken into consideration,
since it entailed the determination of the petitioner's right to
receive the compensation, under his alleged claim of being the
President of the Society is a question, which was to be decided by
the regular suit and not by the writ courts, and hence in the
absence of a decision being arrived at, on the said aspect by the
competent civil court as directed by the judgment of 20.05.2019.
Consequently, the order impugned in the present writ petition,
was rather in compliance of the directions which was issued by
this Court, which does not call for any interference in the exercise
of its supervisory jurisdiction, as the order itself does not suffer
from any error and which directs the disbursement of the amount
of compensation, as a consequence of the Land Acquisition.
Consequently, the writ petition lacks merits and the same is
accordingly, dismissed.
(Sharad Kumar Sharma, J.)
22.02.2021
Arti/
