Synopsis & List Of Dates

The present special leave petition arises against

the impugned judgement and order dated

05.05.2017 in Writ C No. 23216 of 2009 passed by

the Honble High Court of Judicature at Allahabad,

whereby the Honble High Court has been pleased to

remit back the matter to Additional District

Magistrate for re-determine the issue involve.

01.05.1935. Nazul plot nos. 36/1 and 37/1 area

2.5 BIgha Mauja Mirdhi, District Ballia
was granted to one late Pandit
Purnanand Nirmal, who constructed a
residential house thereof. On his
death the aforesaid property was
inherited by Ram Gopal Nirmal, Om
Prakash Nirmal and Nirmal Prakash
Nirmalon the basis of a registered will
executed by the original lesseeand on
the basis of which their names were
also recorded in the Nazul register.

07.07.1990 An allotment in favour of sharda Nand

Anchal was made by the Rent Control
and Eviction Officer.

1990 Against the said allotment made in

favour of Sharda Nand Anchal, a
revision was filed being revision No. 2
of 1990 by Sri Ram Gopal Nirmal, Om
 Prakash Nirmal and NirmalPrakash
Nirmal.

12.03.199 Ram Gopal Nirmal and Nirmal Prakash

Nirmal nominated the petitioner for
the purpose of obtaining such rights
before district magistrate.

01.09.1999 Om Prakash Nirmal nominated the

petitioner for obtaining such rights
before District magistrate.

15.12.2001 The District Magistrate, Ballia passed

an order in favour of the petitioner in
respect of plot nos. 36/1 and 37/1 for
grant of free hold rights.

18.04.2002 The Additional District judge, Ballia

allowed the revision filed by Sri Ram
Gopal Nirmal and others and the order
dated 07.07.1990 by which the
allotment was made in favour of
Sharda Nand Anchal was set aside.

Nil A writ Petition being writ petition No

18077 of 2002 was filed by Sri Sharda
Nand Anchal which was finally
dismissed by this Honble Court on
24.05.2002.

2002 The allottee filed Special Leave

Petition No. 11763 of 2002 before
Honble Supreme Court which was
dismissed on 11.07.2002 by Honble
Supreme Court and directions were
issued to the allottee to handover the
possession of the property/house to
the lease holder i.e Sri Ram Gopal
Nirmaland his two sons.
13.05.2002 A free hold deed was executed in
favour of the petitioner in respect of
637.5 sq. meters of land.

31.06.2002 Another free hold deed was executed

in favour of the petitioner with the
respect to 135 sq. meters of land.

31.06.2002 A free hold right in favour of Sri

Daroga Singh was also executed with
respect to 325.4 sq. meters of land.

2003 Since possession was not being

handed over by Sri Shardanand
Anchal to the lease holder, a contempt
petition no. 58 of 2003 was filed by
the lease holder before Honble
Supreme Court which was disposed of
vide order date 200.02.2004 directing
the respondents/allottee to hand over
possession of the property in question
to Sri Ram Gopal Nirmal by
15.03.2004 in the presence of the
District Magistrate, Ballia.

12.09.2003 Another free hold deed was granted in

favour of Smt. Godauri Gupta in
respect to 552 sq. meters of land
which is part of the same property.

15.04.2004 The aforesaid alleged free hold

deed/power of attorney was cancelled
and the intimation in this regard was
given to the respondent No. 1 herein

11.07.2005 Executor of said power of Attorney

expired.

04.11.2006 An application was filed for free hold

rights by the petitioner along with
 three other persons for the remaining
portion of the property.

11.11.2006 The District Magistrate passed an

order approving the proposal for free
hold rights.

18.11.2006 The District Magistrate granted free

hold rights in favour of the petitioner
with respect to 1461.3 sq. meters of
land.

2007 Sri Om Prakash Nirmal filed an

application before the Additional
District Magistrate(Nazul) to the effect
that Sri Janardan Prasad Rai and
others have obtained free hold rights
in favour of themselves by committing
fraud and also by concealing the fact
that the matter relating to property in
dispute was pending before Honble
Supreme Court and, therefore a
prayer was made that the free hold
rights granted in favour of the
petitioner and others be cancelled.

01.09.2007 The Additional District

Magistrate(Nazul), Ballia on the basis
of the application filed by Sri Om
Prakash Nirmal passed the order
cancelling the free hold rights in
respect to plot no 36/1 and 37/1
granted in favour of the Respondent
No.1 on 18.11.2006 with respect to an
area of 1461.3 sq. meters of land.

Nil Being aggrieved with this aforesaid

order the Respondent No. 1 filed Writ
Petition before Honble High Court of
Judicature at Allahabad.
05.05.2017 Vide impugned order, High Court has
disposed of the aforesaid Writ Petition
of Respondent No.1.

31.05.2017 hence the present SLP is being field.

 IN THE SUPREME COURT OF INDIA
[ORDER XXI RULE 3[1][a]
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION [CIVIL] NO. OF 2017
(Arising out of impugned Judgment and final Order
dated 05/05/2017 in Writ C No. 23216 of 2009
passed by the Honble High Court of Judicature at
Allahabad)

WITH PRAYER FOR INTERIM RELIEF

IN THE MATTER OF:-
POSITION OF THE PARTIES
Honble Honble
High Court this Court
Om Prakash Nirmal
S/o Ram Gopal Nirmal
R/o Chawk Station Road,
City Ballia Pragana, District Petitioner
Respondent
Ballia, Presently residing at No. 4
House No. 32/3, Pratap Nagar,
Sanganer , Jaipur (Rajsthan)

VERSUS

1. Janardan Prasad Rai,

S/o Shiv Pujan Rai,
R/o Vill & Post Narhi District- Contesting
Ballia Petitioner Respondent
No. 1
2. State of U.P Through Principal Contesting
Secretary, Awas Evam sahari Respondent Respondent
Niyojan Anubhag- VI, No. 1 No. 2
Secretariat, Lucknow.

3. District Magistrate, Ballia. Respondent Contesting

No. 2 Respondent
No. 3
4. Additional District Magistrate,
(Finance & Revenue)/ Contesting
Incharge(Nazul), Ballia. Respondent Respondent
No. 3 No. 4
TO
THE HONBLE CHIEF JUSTICE OF INDIA AND
HIS COMPANION JUSTICES OF THE HONBLE
SUPREME COURT OF INDIA.

THE PETITION FOR SPECIAL LEAVE TO

APPEAL OF THE PETITIONER ABOVE-
NAMED

MOST RESPECTFULLY SHOWETH:-

[1] That the petitioner prefer the instant petition for

grant of Special Leave to Appeal under Article

136 of the Constitution of India, against the

impugned Judgment and final Order dated

05.05.2017 in Writ C No. 23216 of 2009 passed

by the Honble High Court of Judicature at

Allahabad, whereby the Honble High Court has

been pleased to remit back the matter to

Additional District Magistrate for re-determine

the issue involve.

1A. That no Letters Patent Appeal lies before a

division bench of the Honble High Court against

the impugned judgement and Order dated

05.05.2017 in Writ C No. 23216 of 2009 passed

by the Honble High Court of Judicature at

Allahabad.
[2] QUESTIONS OF LAW:

That the present petition raises the following

important questions of Law for authoritative

adjudication by this Honble Court:-

I. Whether the impugned order is result of non-

appreciation of material available on record?
II. Whether the High Court while remitting back
the matter to Additional District Magistrate
has committed serious error in law?
III. Whether is the fact and circumstances of the
present case, the principle of natural justice
have not been violated?
IV. Whether the Writ petition filed under Article
226 of the Constitution of India cannot set
aside the finding of facts returned by the
Additional District Magistrate?

[3] DECLARATION IN TERMS OF RULE 3[2]:

That the petitioner states that no other Petition

seeking Leave to Appeal has been filed by him

against the instant Impugned Order dated

05.05.2017 in Writ C No. 23216 of 2009 passed

by the Honble High Court of Judicature at

Allahabad,
[4] DECLARATION IN TERMS OF RULE 5:

That the Annexure P-1 to P-1 produced along

with the instant Special Leave Petition are true

copies of the pleadings/documents which form

part of the record of the instant case in the

Court below against whose order the Leave to

Appeal is sought, in this petition.

[5] GROUNDS:-

The Petitioner prefers the instant Special Leave to

Appeal on the following amongst other Grounds

I. Because the impugned order is result of non-

appreciation of material available on record?
II. Whether the High Court while remitting back
the matter to Additional District Magistrate
has committed serious error in law?
III. Because is the fact and circumstances of the
present case, the principle of natural justice
have not been violated?
IV. Because the Writ petition filed under Article
226 of the Constitution of India cannot set
aside the finding of facts returned by the
Additional District Magistrate?

[6] GROUND FOR INTERIM RELIEF:

i) Because the land in question is in the possession

of the Respondent No. 1 herein.

ii) Because the petitioner have good prima facie

case in his favour and he is likely to succeed in

the instant Special Leave Petition and no

prejudice whatsoever would be caused to the

respondents herein if the interim relief is

granted in the favour of the petitioner herein

and the petitioner would suffer an irreparable

loss if the interim relief as prayed is not granted

in their favour.

[7] MAIN PRAYER:-

It is, therefore, most respectfully prayed that

this Honble Court may graciously be pleased

to:-

A] Grant Special Leave to Appeal under Article 136

of the Constitution of India against the

impugned Judgment and final Order dated

05.05.2017 in Writ C No. 23216 of 2009 passed

by the Honble High Court of Judicature at

Allahabad, and
B] Pass such other order[s] or direction[s] as the

Honble Court may deem fit and proper in the

facts and circumstances of the case.

[8] PRAYER FOR INTERIM RELIEF:

It is, therefore, most respectfully prayed that

this Honble Court may graciously be pleased

to:-

A] Grant an ad-interim Ex-parte stay of operation

of impugned Judgment and Final Order dated

05.05.2017 in Writ C No. 23216 of 2009 passed

by the Honble High Court of Judicature at

Allahabad, and

B] and pass such other order[s] or direction[s] as

the Honble Court may deem fit and proper in

the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS THE PETITIONERS

AS IN DUTY BOUND SHALL EVER PRAY

DRAWN BY: FILED BY:

BHARAT SINGH, ADVOCATE

DRAWN ON: 30/05/2017 AMIT PAWAN

FILED ON: 31/05/2017 [Advocate for Petitioner]
 IN THE SUPREME COURT OF INDIA
[ORDER XXI RULE 3[1][a]
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION [CIVIL] NO. OF 2017

IN THE MATTER OF:-

Om Prakash Nirmal Petitioner

Versus
Janardan Prasad Rai & Ors Respondents

CERTIFICATE

Certified that the Special Leave Petition is confined

only to the pleadings before the Court below whose

order is challenged and the other documents relied

upon in those proceedings. No additional facts,

documents or grounds have been taken therein or

relied upon the present Special Leave Petition. It is

further clarified that that the copies of the

Annexures/ Documents attached to the present

Special Leave Petition are necessary to answer the

question of law raised in the petition or to make out

grounds in the instant Special Leave Petition for

consideration of this Honble Court. This certificate is

given on the basis of the instructions given by the

petitioners/person authorized by the petitioner whose

affidavit is filed in support of Special Leave Petition.

Place: New Delhi FILED BY

Dated: 31/05/2017

AMIT PAWAN
ADVOCATE FOR THE PETITIONER
 IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION [CIVIL] NO. OF 2017

IN THE MATTER OF:-

Om Prakash Nirmal Petitioner

Versus
Janardan Prasad Rai & Ors Respondents

AFFIDAVIT

I, Om Prakash Nirmal, aged about 70 years, S/o Ram

Gopal Nirmal R/o Chawk Station Road, City Ballia
Pragana, District Ballia, Presently residing at House
No. 32/3, Pratap Nagar, Sanganer , Jaipur (Rajsthan)
presently at New Delhi, do hereby solemnly affirm
and state as under:-

1. I am the petitioner in the matter to file the special

leave petition and I am fully conversant with the facts

of the case and hence competent to swear the instant

affidavit.
2. I have read the accompanying List of Dates (Pages B

to ), Special Leave Petition with Affidavit (Pages

to ) and (Para No.1 to 8) and I.As. and having

understood the contents there of, I say that the facts

stated therein are true to my knowledge based on

legal advice given by the counsel, which is believed

to be true.
3. Annexure P-1 to P- the Special Leave Petition are

true copies of their respective originals. The facts

stated on above affidavit have been read over and

explained me in Hindi, which are true and correct and

nothing material has been kept concealed therefrom.

DEPONENT
VERIFICATION:-
Verified at New Delhi, on this the 31 day of

May, 2017 that the contents of the aforesaid affidavit

of mine have been read over and explained me in

Hindi, which are true and correct to my knowledge.

No part of it is false and nothing material has been

kept concealed therefrom.

DEPONENT