- (1.) Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and learned counsel appearing for the respondent No. 5. The petitioner, a company incorporated under the Indian Companies Act, 1956, has invoked the jurisdiction of this Court under Article 226 of the Constitution of India, challenging a recovery certificate dated 23.9.2013 issued by respondent No. 5-Society for realization of lease rent due to it, amounting to Rs. 1,59,28,000/- as arrears of land revenue. Upon the recovery certificate issued by the respondent No. 5 - Society, the District Magistrate, Ghaziabad, directed for recovery of the amount as arrears of land revenue. Under the threat, the petitioner issued a cheque amounting to Rs. 1,75,20,800/- drawn at Canara Bank, Sahibabad, in favour of revenue authorities i.e. Tahsildar, Ghaziabad. The petitioner has prayed that the amount paid under duress be not utilized/transferred to respondent No. 5 -Society.
(2.) Facts giving rise to the dispute are as under: Respondent No. 5, Mohan Nagar Karamchari Sahkari Avas Samiti Limited, Ghaziabad is a housing cooperative society duly registered under the provisions of U.P. Cooperative Societies Act, 1965. The said society owned a parcel of land situate at Prahaladgarhi (Mohan Nagar-New Delhi Link Road) at Ghaziabad. The said land was leased out to the petitioner for a period of 30 years as per the terms and conditions enumerated in the lease deed at a lease rent of Rs. 22 lacs per annum. A registered deed was executed on 12.10.2006 and it is alleged that the entire first year lease rent was paid in advance and that is how the petitioner came in possession over the land.
(3.) In the meantime, since the turn of the Committee of Management had expired and no fresh election has been done, a three member committee with Additional District Magistrate (F & R) was appointed as chairman/administrator to manage the affairs of the society. He issued a notice dated 28.1.2013 requiring the petitioner to pay entire outstanding lease rent alongwith 16% interest and to vacate the land, failing which the amount due shall be recovered as arrears of land revenue. The copy of the order was forwarded to the Station House Officer, Police Station Indrapuram, with the direction that if the petitioner does not vacate the land in dispute within 7 days, sufficient police force be provided for obtaining forceful possession.;