Mohd. Yamin Ali vs State Of Uttarakhand & Others

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.

Be that as it may.

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.

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.â€​

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.

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.

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.