- (1.) Appellant Lalit Kumar has preferred this criminal appeal against the order dated 17.2.2011, passed by the Additional District & Sessions Judge, Court No. 9, Bulandshahar in Criminal Misc. Case No. 51 of 2010 (State vs. Nand Kishore) under section 340 Cr.P.C. whereby the application of the appellant moved under section 340 Cr.P.C. was rejected.
(2.) Brief facts which giving rise to this appeal are that the land situated in village Dungarpur Rilakha, Kasba Dankaur, Tehsil Sikandrabad, District Gautam Budh Nagar belonging to the Khalsa Sanyukt Sahkari Khet Samiti Limited (hereinafter referred to as the 'Society') was acquired by the Notification dated 02.12.1991 published on 03.01.1992 in favour of Krishi Utpadan Mandi, Dankaur and award was passed. The said Society was not satisfied with the award and chose to prefer Land Acquisition Reference (in short 'L.A.R.') before the court of District Judge, Bulandshahar which was registered as LAR No. 132 of 1994 and the court of Additional District & Sessions Judge, Court No. 9, District Bulandshahar vide its judgement and order dated 30.1.2009 passed the award in favour of the said Society.
(3.) Guru Ratan Pal Singh as president of the said Society has filed execution proceeding against the said order before the court which was registered as Execution Case No. 11 of 2009 (Guru Ratan Pal Singh vs. State of U.P. & others). In pursuance of resolution dated 16.11.2005, the Society executed assignment deed dated 20.2.2009 in favour of the appellant Lalit Kumar as Secretary of Raj Hospital, who was permitted to get himself impleaded in the execution case. It was resolved that outcome of the LAR No. 132 of 1994 the decree may be transferred to the above trust for a sum of Rs. 2,50,000/-.;