RITA BAHUGUNA JOSHI Vs. STATE OF U P

JUDGEMENT

(1.) A valid compromise decree in a first appeal passed by a competent court of Additional District Judge nearly about decade before, still in vogue, cannot be nullified by insalubrious malevolence to eliminate political rivals and implicate them in false cases through a poly to gain political mileage, in the sixth round of legal proceedings are some of the vehemently rued contentions by the petitioner Dr. Rita Bahuguna Joshi, an Ex-Mayor of Nagar Mahapalika, (now Nagar Nigam) district Allahabad, who has rushed to this Court, through the instant writ petition, seeking relief that the F.I.R. of Crime Number 4235080015 of 2008, under Sections 120B, 218, 420, 467, 468 and 471, I.P.C. and Section 13/14 of Prevention of Corruption Act, 1988, Police Station Civil Lines, Allahabad be quashed by issuance of a writ of certiorari coupled with a writ of mandamus to the respondents not to arrest the petitioner in the aforesaid crime number.

(2.) THE adumbrated prelude, which was generated this petition lies in the claim of title over a piece of land plot No. 180 situated in Fatehpur Bichhua, Tehsil Chayal (now Tehsil Sadar) district Allahabad having an area of 9 bighas 8 biswas. It transpires that a suit under Section 171 of U. P. Tenancy Act, 1939 was initiated by the State for ejectment of one Kandhai. In the said suit State was the plaintiff. THE said ejectment suit was decreed by Sri J. P. Singhal, Judicial Officer, Chayal, Allahabad vide his judgment and decree dated 31.10.1960. Aggrieved by the said judgment and decree dated 31.10.1960, Appeal No. 73 (Allahabad) of 1960 was preferred before Commissioner, Allahabad Division, Allahabad under Section 271 of the Tenancy Act by Kandhai against State of U. P. and others. THE aforesaid appeal by Kandhai was allowed by Additional Commissioner, Allahabad vide his order dated 13.11.1961 (Annexure-5) who set aside the impugned judgment and decree passed by the Judicial Officer, Chayal, dated 31.10.1960 and dismissed the suit filed by the State plaintiff with cost of both the Courts alongwith and the pleaders fees by recording a finding that the land in question belong to His Highness Maharaja of Jaipur. Relevant portion of the recorded findings by the Additional Commissioner are reproduced below : "THEre is no nazul Register or record to above that this was nazul land and that the State Government had anything to do with this land. Besides, realization of rent by Allahabad corporation will not go to establish that the State Government had anything to do with it as proprietor of the patti. Under the circumstances I am of the view that the plaintiff was not entitled to sue."

(3.) THEREAFTER, a third litigation in the form of original suit being O. S. No. 403 of 1980, was started by Jai Narain Singh and others, above ten persons, as plaintiffs against Nagar Mahapalika, Allahabad (hereinafter referred to as N.M.P.) and Allahabad Development Authority (hereinafter referred to as A.D.A.) through their Administrators as first and second defendants for the relief of permanent injunction seeking relief to injunct the defendants from dumping garbage over plot No. 408/2 having an area of 5 bighas and 10 biswas and not to make any obstruction in collection of water over it nor to change the nature of the plot and not to interfere into plaintiffs peaceful possession and usufruct of the said land in any manner.