- (1.) Present revision petition under Article 227 of the Constitution of India for setting aside the order dated 24.01.2014 (Annexure P-5) whereby application filed by petitioner directing the defendants to either admit or deny the documents was dismissed.
(2.) Relevant facts of the case; that petitioner-society filed a suit for declaration to the effect that memos dated 22.06.2000, 08.06.2007, 09.05.2008 and 13.05.2008 issued by respondent-defendants are illegal, null and void, and for restraining the respondents-defendants from demolition of any portion of the college building of the petitioner as well as for refunding the amount of Rs. 25,65,671/- which was deposited by the petitioner under protest.
(3.) Defendant contested the suit by filing written statement taking the plea that building plan application was filed in the office of defendant on 05.04.1999. Plaintiff had raised additional unauthorized construction in violation of rules. Thereafter, vide memo dated 27.04.1999 plaintiff was asked to remove the unauthorized construction. Reply submitted by the plaintiff was considered but the same was found to be unsatisfactory. Plaintiff had not removed the unauthorized possession. Thereafter case was adjourned to 27.11.2013 to admit or deny the documents. The matter was also adjourned to 13.12.2013, 03.01.2014 and 17.01.2014. Petitioner filed the application and the proceedings were adjourned for filing reply to the said application. Reply to the application was filed on 21.01.2014 taking the plea that application was not maintainable.;