P D TANDON Vs. MILITARY ESTATE OFFICER

JUDGEMENT

(1.) These two writ petitions have been filed by the same petitioner, P. D. Tandon, and pertain to the same property covered by Survey No. 143 situate in Old Cantonment, Allahabad. Civil Misc. Writ Petition No. 13353 of 1992 was decided by a Division Bench of this Court vide judgment and order dated 7.1.2000 and the writ petition was dismissed while Civil Misc. Writ Petition No. 28558 of 2002 was decided and allowed by another Division Bench of this Court vide judgment an order dated 5.3.2003. The aforesaid judgments and orders of this Court were questioned by way of Civil Appeal No. 7284 of 2001 and Civil Appeal No. 6637 of 2003, before the Hon'ble Supreme Court. The Hon'ble Supreme Court by means of judgment and order dated 19.12.2003 accepted both the appeals. Orders under appeals were set aside and the petitions were remanded to the High Court for fresh decision by the same Bench. It would be worthwhile to reproduce the direction issued by the Hon'ble Supreme Court, as contained in para 11 of the said judgment.

(2.) On remand both the aforesaid writ petitions have been listed before this Bench for disposal in the light of the judgment and order of the Hon'ble Supreme Court.

(3.) The third connected Writ Petition No. 34522 of 2003 has been filed by the Cantonment Board against the consequential action taken by the Director of Defence Estate in pursuance of the judgment and order passed by this Court in Civil Misc. Writ Petition No. 28558 of 2002 dated 5.3.2003 and, therefore, the said writ petition has also been clubbed along with these two writ petitions inasmuch as the parties agree that the fate of the third writ petition would depend upon the final judgment and orders to be passed by this Court in the first two writ petitions.