MUNICIPAL BOARD NAGAR PALIKA Vs. DISTRICT JUDGE

JUDGEMENT

(1.) These are two writ petitions. One filed by State of U.P. and the other filed by the Municipal Board, Nagar Palika, Lalitpur. Both the writ petitions are directed against the order dated 11th February, 1994, passed by the District Judge, Lalitpur. By means of the aforesaid order the District Judge, Lalitpur has allowed the Appeal No. 23 of 1992 filed as Jagdish Sharan Agrawal and 2 Ors. v. State of U.P. and 27 Ors., holding thereunder that the proceeding initiated by the State against Jagdish Sharan Agrawal and others under the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1971 were barred by principles of res judicata, in view of the decision of the proceedings, which were initiated earlier by the Nagar Palika, Lalitpur, being Suit No. 25 of 1960, as also in view of the dismissal of the proceedings which were initiated by the State of U.P. itself, being Case No. 521-353 under Section 3 (1) of U.P. Public Land (Eviction and Recovery of Rent and Damages) Act, 1959.

(2.) I have heard Sri H.R. Misra, appearing on behalf of the petitioners, Ravi Kant, Senior Advocate, assisted by Sri Arun Kumar Gupta, on behalf of the respondents,

(3.) It is contended on behalf of the petitioner that the disputed land, which is a Nazul property, is owned by the State and is under the management of the Nagar Palika, Lalitpur. Nagar Palika filed Original Suit No. 25 of 1960 in the Court of Munsif for a permanent injunction against Savai Mahendra Maharaja Sri Devendra Singh Joodav restraining him from auctioning the land in dispute, being the property of the Sate. The said suit filed by the Nagar Palika was dismissed. The judgment of the trial court has not been brought on record neither it has been stated as to whether any appeal against the said judgment has been filed or not. Thereafter the State of U.P. itself initiated proceedings against the petitioner as well as against the Maharaja under the U.P. Public Land (Eviction and Recovery of Rent and Damages) Act, 1959 which was numbered as DES Case No. 521 of 1970 before the Prescribed Authority.