BHARAT ELECTRONICS LIMITED Vs. COLLECTOR PAURI GARHWAL

JUDGEMENT

(1.) Date of Hearing and Judgment: 16/11/2021

(2.) This common judgment disposes of the two connected writ petitions filed under Article 227 of the Constitution of India. Though an application under Article 227 of the Constitution of India is not a writ petition but as per the practice of this Court it is being registered as Writ Petition. Be that as it may, this Court in exercise of jurisdiction of superintendence under Article 227 of the Constitution of India is examining the order passed by the original courts under the provisions of the Land Acquisition Act, 1894.

(3.) In Writ Petition No. 2123 (MS) of 2007, petitioner - Bharat Electronics Limited a public sector undertaking having its defence industrial establishment at Kotdwar, District Pauri Garhwal, has prayed for issuance of writ of Certiorari quashing the impugned order dtd. 4/10/2007 and recovery certificate dtd. 4/10/2007 of the learned District Judge, Pauri Garhwal (Annexure No. 1 to the writ petition) in LAR Execution Case No. 03 of 2000 and order dtd. 18/10/2007 of the learned District Judge, Pauri Garhwal (Annexure No. 15 of the writ petition). It has also prayed to issue a writ of Mandamus commanding the respondents no. 1 to 3 not to enforce the impugned order dtd. 4/10/2007 and recovery certificate dtd. 4/10/2007 of the learned District Judge in the aforesaid execution case and further to issue a writ of Mandamus commanding the respondents no. 1 to 3 not to proceed with the recovery of the amount mentioned in the recovery certificate dtd. 4/10/2007 of the learned District Judge. Such other relief, as this Court deem fit and proper in the circumstances of the case, has also been prayed for.