PREM CHAND Vs. KANPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Shri Prem Chand, (deceased) through legal representatives, 1/1 Smt. Geeta, widow of late Prem Chand; 1/2 Rajesh Kumar, Son of late Prem Chand; and 1/3 Mukesh Kumar son of late Prem chand, the petitioners by this writ petition have prayed this Court seeking a writ of mandamus to command the respondent not to interfere with the possession of the petitioner or in any manner damaging or destroying the construction standing on the disputed plot and not to make further auction of the plot of the petitioner being plot no. 1824, W Block Keshav Nagar, Hameerpur Road, District Kanpur Nagar.

(2.) The petitioner has approached this Court raising a grievance that the respondents threatened to demolish the construction of the petitioner on the ground that land in dispute was acquired by Kanpur Development Authority, Kanpur and award was made on 21.2.1946. The case set up by the petitioner is that his grand father was granted a lease in the year 1944 of plot no. 1824 area 6 Biswa by then Zamindar late Smt. Shiv Rani Puari through Ram Nath and a residential house was constructed on the said plot and since then they are residing. Further, in the year 1984 after getting threat of demolition of the construction of the petitioner by the then Regional Inspector Enforcement Department, he has filed an Original Suit No. 1137 of 1984 in the Court of Munsif Sadar, District Kanpur which was decided by judgment and decree dated 20.2.1995 passed by IIIrd Additional Civil Judge, Kanpur Nagar restraining the respondent not to interfere in possession of the petitioner against which a Civil Appeal No. 41 of 1995 (Kanpur Development Authority Vs. Prem Chand) was filed by the respondent in appellate court which was dismissed in default vide order dated 4.12.1998 annexed as Annexure-5 to the writ petition. It is pointed out that the respondent has not challenged the order dated 4.12.1998 before any competent forum and as such the order dated 4.12.1998 and trial court's order dated 20.2.1995 have attained finality meaning thereby the respondent has been restrained from any interference in the possession of the petitioner in disputed plot.

(3.) We have heard Sri O.P. Singh, learned senior counsel assisted by Sri S.K. Rao for the petitioner and Sri Saroj Yadav for the Kanpur Development Authority.