Deo Kalya Patil & Ors vs Nagindas Shamjibhai Shah Thr. Lrs. & Ors

It be declared that the Plaintiffs being the heirs of the said Kalya Padya Patil (since deceased) are entitled to the allotment of land/plots as per the 12.5% scheme framed by the CIDCO.

2. Along with the suit, the plaintiffs filed an application for injunction against the 7th defendant (City and Industrial Development Corporation) from allotting any land under a scheme said to have been propounded by the 7th defendant in favour of any one of the defendants or persons claiming through the defendants. By an order dated 23.12.2010 of the trial court, the injunction as prayed for was granted. The defendants appealed to the High Court. The said appeal was disposed of by setting aside the order of the trial court with a further direction:

Divisional Officer dismissed the Appeal on 25.2.1983. The Plaintiffs, thereafter, filed Tenancy Application No. 202 of 1983 before the Maharashtra Administrative Tribunal. The Hon’ble Tribunal allowed the Revision by its order dated 9.12.1985 and set aside the orders dated 11.12.1980 and 25.2.1983 and directed that question of tenancy of the Plaintiffs be determined from the year 1977. In short the matter was remanded for fresh enquiry in respect of tenancy rights of the Plaintiffs.” (Plaint)

“32. The Plaintiffs state that the said Nagindas Shah (deceased), Smt. Jayalaxmi (deceased) and Rasikabai challenged the said order dated 9.12.1985 by filing Writ Petition No. 3446 of 1986. On 24th August, 2000, the said petition was disposed of finally by the Hon’ble Mr. Justice T.K. Chandrashekhar Das. The Plaintiffs file copy of the Judgement and Order 24.8.2000 and shall rely upon the same. The Hon’ble High Court remanded the matter back to the Tahsildar for fresh enquiry as to decide what was the character of the suit land on 1.4.57. The Defendants predecessor-in- title therefore filed Special Leave Petition in the Hon’ble Supreme Court, which was dismissed.”

11. Aggrieved by the said appellate order, the plaintiff carried the matter in revision Application No. 292/B/2003 before the Commissioner, Konkan Division, Mumbai. Along with the revision, the plaintiffs sought a stay of the operation of the appeal order dated 8.5.2003 when the interim order was declined. Plaintiffs preferred a writ petition No. 6116 of 2003 challenging the said order. The High Court, by its order dated 2.12.2003, directed the District Commissioner to consider the said application on merits while directing the stay of the execution of the appellate order dated 8.5.2003 in favour of the defendants. The Commissioner, once again considered the case on merits in obedience to the order of the High Court, and stayed the order dated 8.5.2004. Challenging the same, the plaintiff again filed another Writ Petition No. 5652 of 2004. During the pendency of the said writ petition, on 14.7.2004 the High Court directed that no land be allotted in favour of the defendants pursuant to the scheme dated 16.12.1990, referred to supra.

12. On 18.12.2009, the revision No. 292/B/2003 came to be dismissed. As a consequence, writ petition No. 5652 of 2004 also came to be dismissed holding that in the background of the above-mentioned intensely contested facts, writ petition is not an appropriate remedy and granted liberty to the plaintiffs to file a suit. Hence Suit No. 632 of 2010.

October 15, 2014