- (1.) THE petitioner is a housing Cooperative Society registered under the Cooperative Societies Act, 1965, the main object whereof is to arrange land, building material and other services for its members and also to help the in constructing buildings. The petitioner-Society is in possession of a permanent lease from the erstwhile owner of the property in question which is dated 10.2.1989 and under the said deed, the lessors have given absolute right to the petitioner's Samiti to demolish whole or part of the above property and reconstruct the same and use it as it likes. The District Magistrate, Agra, on the recommendation of Respondent No. 3 has passed a restraint order on 2.7.2008 preventing the peti­tioner-society from demolishing the building, which has been assailed by the petitioner in the present writ petition. The order is challenged on the ground that it is without jurisdiction, arbitrary and is a motivated order with a view to defeat the final judgment of this Court dated 26.3.2008. It has further been submitted that there is no valid or legal reason to prevent the demolition of the building.
(2.) WE have heard Sri V.K. Singh, learned senior Counsel for the petitioner, learned Standing Counsel Sri Neeraj Upadhyay for Respondent Nos. 1,2 and 3 and Sri P.C. Jain for The Uttar Pradesh Jat Mahasabha, whose impleadment application has been allowed by us. The State has already filed a counter-affida­vit; to which a rejoinder-affidavit has been filed by the petitioner and a counter-affidavit has also been filed by the newly impleaded Respondent No. 4 which has been perused by us and with the consent of parties, we proceed to finally dispose of this petition. The property in question namely, "Bharatpur House" bearing municipal No. 3/15, Kandhari, Agra, was un-disputedly the property of the erstwhile ruler of Bharatpur and came to be recorded in favour of a trust created by the erstwhile owners namely Bharatpur Royal Family Religious and Ceremonial Trust. The petitioner-Cooperative Society is a permanent lessee from the said Trust with regard to which facts in detail are indicated in the judgment dated 26.3.2008; a copy whereof is Annexure-2 to the writ petition. After obtaining the permanent lease, the vacant land appears to have been settled and insofar as the house and constructions are concerned, the same was occupied by the Government in which the office of the Chief Development Officer was running. The part of the building which was occupied by the Chief Development Officer was vacated on 17.11.1997 and under fresh allotment proceedings, the premises was allotted in favour of the District Supply Officer, Agra, on 29.11.1998. Upon an application moved by the petitioner, the said allotment dated 29.11.1998 was set aside on 13.1.2000 against which the District Supply Officer filed a revision which was dismissed on 5.8.2000. The District Supply Officer preferred a Writ Petition being Writ Petition No. 43774 of 2000 before this Court which was also dismissed on 11.5.2001.
(3.) THE petitioner filed 2 applications one under Section 16 (1)(b) and other under Section 16 (5)(b) under U.P. Act No. 13 of 1972. The first application was for release of the building and second for restoration of the possession on the ground that the District Supply Officer is continuing in unauthorized occupation inspite of the fact that the allotment order had already been set aside. The said applica­tions were not being disposed of as a result whereof writ petitions were filed in which directions were issued for deciding the applications. Both the applications referred to herein above, were dismissed on 26.8.2003. The petitioner preferred 2 revisions and further filed 2 writ petitions for expeditious disposal of the writ peti­tions whereafter on 12.10.2007 both the revisions were decided. The revision filed by the petitioner against the refusal to release the building was dismissed. The other revision concerning the restoration of possession was disposed of with the direction that the petitioner shall retain the possession till a valid allotment is made in accordance with the provisions of the Act.;