PREM PRAKASH YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for parties.

(2.) Petitioner, a practicing advocate claims himself to be a tenant of House No. 23, Stanley Road, Allahabad (new number being 85) built upon Nazul land bearing Nazul Plot No. 22 AA situated at Civil Station, Allahabad. The said plot was registered under the name of Smt. Chandrakala Devi. On 16/6/2001, approval was granted for conversion of the said Nazul Land into freehold in favour of legal heirs of late Smt. Chandrakala Devi. A sale deed was executed by legal heirs of Late Smt. Chandrakala Devi on 18/8/2001 in favour of respondent Nos. 8 to 10. By the present petition, petitioner is praying for the quashing of a government policy decision dtd. 26/2/2014 whereby approval was given to revise rates for conversion of Nazul property into freeholds and change in Nazul policy. He is also challenging Clause 10 of Notification dtd. 4/3/2014. A prayer for quashing of deed dtd. 7/7/2001 whereby in pursuance of order dtd. 16/6/2001, a sale deed was executed by the State in favour of legal heirs of Late Smt. Chandrakala Devi. A prayer seeking mandamus commanding the respondents to not interfere in petitioner's possession over House No. 23, Stanley Road, Allahabad (built on Nazul Plot No. 22AA).

(3.) Sri Gaurav Mehrotra, assisted by Ms. Maria Fatima, learned counsel for respondent Nos. 8 to 10 questions the maintainability of present petition at Lucknow. He submits that petitioner has previously filed a writ petition bearing number Civil Misc. Writ Petition No. 17060 of 2002 (R. S Yadav and Anr. v. State of U.P. and Ors.) at Allahabad praying for mandamus commanding respondents therein to execute sale deed in favour of petitioner for the same Nazul property, which was disposed of by its judgment and order dtd. 19/2/2009, with observation that State is not duty bound to execute a sale deed in favour of any individual. Another writ petition bearing number Writ- C No. 15798 of 2010 (Prem Prakash Yadav v. Union of India and Ors.) is also filed by the present petitioner at Allahabad wherein he has prayed for essentially the same reliefs with regard to same property. This is the third petition filed by the petitioner now at Lucknow with regard to the same property. He submits that filing of third petition at Lucknow, after filing two earlier petitions at Allahabad amounts to forum hunting and is against the settled principle of law that once a forum has been chosen by a party he should stick with the same forum with regard to all future litigation in the said matter. In support of his submissions, learned counsel for the petitioner has placed reliance upon a reported judgment of the Supreme Court in the case of Kusum Ingots and Alloys Ltd. vs Union of India and Another;(2004) 6 SCC 254.