NANAK CHAND Vs. UOI

JUDGEMENT

(1.) PRESENT writ petition has been filed under Article 226 of the Constitution of India seeking a direction to the respondents to execute a sale deed/conveyance deed in favour of the petitioners in respect of Madangir flats in their possession/occupation. The prayer clause in the present writ petition is reproduced hereinbelow:-

(2.) AT the outset, learned counsel for the respondents raises a preliminary objection to the maintainability of the present writ petition on the ground that the present petition is barred by principles of constructive res judicata. Learned counsel for respondents point out that an earlier writ petition being W.P.(C) 238/1996 filed by the present petitioners praying for identical relief was dismissed by a learned Single Judge of this Court on 28th October, 2003 and even an appeal being W.A. 898/2003 was dismissed by the Division Bench of this Court. They state that even a Special Leave petition against the Division Bench's order was dismissed by the Supreme Court.

(3.) HOWEVER , Mr. Atul Nagrajan, learned counsel for petitioners submits that the issue decided in the first round of litigation is not being agitated in the present writ petition. He submits that the plea of discrimination, as advanced in the present writ petition, was not even canvassed in W.P.(C) 238/1996. In support of his submission, learned counsel for petitioners refers to the judgment and order dated 28 th October, 2003 passed by the learned Single Judge wherein it has been observed as under:-