The High Court should not have proceeded to determine the issues in the writ petition when a suit for declaration of title was pending.

ORDER :

Heard the learned senior counsel for the parties and perused the relevant material.

2. By the order under challenge in this appeal the High Court of Allahabad in a writ petition filed by the first respondent has set aside the order of resumption dated 20.09.2008 of land covered by plot Nos. 2136 and 2149 and has restrained the respondents in the writ petition including the present appellant from interfering with the possession of the writ petitioners (respondents in this appeal) in respect of the said plot Nos. 2136, 2149 and 2111 (except an area of . 3410 hectares of plot No. 2149, which was acquired).

3. At the very outset it has to be noticed that the order of resumption dated 20.09.2008 was issued after the writ petition in question was filed and the challenge to the said order of resumption was by way of an amendment to the writ petition. The relief’s sought in the writ petition, as originally filed, is as follows :-

(i) Issue an appropriate writ, order or direction in the nature of mandamus commanding the respondents not to dispossess the petitioners from the Khewat/plot Nos. 2136 and 2149 situated within the jurisdiction of Nagar palika Parishad, Pilakhua, Ghaziabad except the part of plot No. 2149 comprising area 3419 hectare, which was earlier acquired by the State Government by issuing notifications under Section 4 on 24.11.2005 and under Section 6 on 23.6.2006.

(ii) Issue an appropriate writ, order or direction in the nature of mandamus restraining the respondent authorities from interfering in the peaceful possession of the petitioners over Khewat/plot Nos. 2136 and 2149 situated within the jurisdiction of Nagar Palika Parishad, Pilakhua, Ghaziabad except the part of plot No. 2149 comprising area 3410 hectare.

(iii) Issue an appropriate writ, order or direction in the nature of mandamus commanding the respondent authorities to identify and demarcate the area, which was covered under the Notifications issued under Section 4 of the Land Acquisition Act on 24.11.2005 and under Section 6 of the Land Acquisition Act on 23.6.1006 and thereafter proceed in accordance with law.

(iv) Issue any other suitable writ, order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

(v) Award the cost of the writ petition throughout to the petitioners against the respondents.

(vi) Issue a writ, order or direction in the nature of certiorari thereby calling the entire record of the proceedings and action taken by the respondents with regard to the demolition of the standing structure and unit of M/s Swatantra Bharat Paper Mills on the land under Khasra No. 2136, 2149M and 2111/2 of village Pilakhua, Hapur and the process of alleged resumption of the subject land and thereafter quash the impugned order of resumption No. 3980/231/07-08 dated 20.9.2008 passed by the Commissioner, Meerut Division, Meerut with respect to the resumption of land of the petitioner falling under Khasra No. 2136 and 2149M under village Pilakhua within the Municipal Limit Pilakhua.

(vii) Issue a writ, order or direction in the nature of mandamus thereby commanding the respondents to freeze all the amounts of the compensation/value of the land received in lien of the said land under resumption and acquisition including the land of the petitioner and not to disburse the same till the disposal of the present writ petition.

(viii) Issue a writ, order or direction in the nature of mandamus thereby commanding and directing the respondents not to allow any activity on the subject land of the petitioner covered under the present writ petition and further to submit the inventory list of the assets removed under demolition and to account for the same.

4. The basis of the High Court's Order in favour of the respondents-writ petitioners is a judgment and decree dated 03.08.1976 passed by the Addl. Civil Judge, Ghaziabad in Original Suit No. 179 of 1973.

5. The said suit filed by the respondents-writ petitioners was inter alia