Sushil Harkauli, J. - (1.) This matter has come up before this Full Bench by the order dated 19th September 2006 passed by the Hon'ble the Chief Justice upon a reference dated 19th August 2006 by a learned single Judge of this Court. The learned single Judge framed and referred the following four questions : (1)Whether a Coordinate Bench while hearing a Public Interest Litigation can issue directions without impleading the affected party which has the effect of taking away the impact of the final decision in favour of such party by a Bench of the same strength. (2)Whether the directions dated 14.7.2006 and 31.7.2006 of the Division Bench in the Public Interest Litigation (Writ Petition No. 2547 of 2005) run counter to and impede the implementation of the final decision dated 25.5.1998 in Writ Petition No. 32950 of 1994 and the decision dated 24.8.2005 in Writ Petition No. 20379 of 2003 keeping in view the fact that the order dated 5.11.2002 had not been quashed. (3)Whether the High Court in exercise of powers under Article 226 of the Constitution of India can issue a mandamus to the State Authorities for acquiring land in suo moto exercise of its powers in a Public Interest Litigation. (4)Whether in such a situation if there are 2 conflicting orders, judicial discipline demanded a reference to a larger Bench instead of treating the impact of final judgments of this Court to be obiter.
(2.) Facts Necessitating The Reference A lease of Nazul plot No. 141, Civil Station, Allahabad, was originally granted in favour of Sapurji Rustam Ghandhi and his son Khusro Sapurji Ghandhi on 8th June 1925 for a period of 50 years. The tenancy rights devolved upon Rustam Khusro Sapurji Ghandhi, Jehangir D. Ghandhi and Nariman D. Ghandhi (hereinafter these three persons are referred to as petitioners for short), through testaments of will executed by the original lessees and, thereafter by the legatees.
(3.) As the lease was going to expire on 7th June 1975, an application was filed by the lease-holders on 13th May 1974 for renewal of the lease. No action was taken by the State to dispose of the application for renewal of lease and the matter remained pending with the District Magistrate, Allahabad. Therefore the petitioners filed a Writ Petition No. 32950 of 1994 which was decided by a Division Bench of this Court on 25th May 1998 in the following words: "The facts of this case are covered by the judgment of this Court in P.D. Tandon vs. State of U.P., 1987 A.L.R. 72. This petition is disposed of on the same terms and conditions as in the aforesaid decision. The petitioner's lease shall be renewed within a month in accordance with law.";