- (1.) Facts of Civil Revision Petition No.95/2015 1. This revision petition is directed against the order dated 20.2.2015 passed by District Judge, Bharatpur in Civil Misc. Appeal No.87/2013.
(2.) Brief facts of the case are that the petitioners filed a Civil Suit bearing no.59/2007 before the learned Trial Court against the State Government, along with an application for temporary injunction, stating that they had sold their land measuring 9 biswa on 5.4.1965 to the Indian Oil Corporation through a registered sale-deed, and mutation entry to this effect was made in favour of the Corporation. IOC was granted the sanction to run a petrol pump on the condition that it shall surrender the land to the State Government and pay Urban Assessment Rent, to which it agreed. Plaintiffs had in the meanwhile applied for conversion and were asked to pay conversion charges vide order dated 1.4.1972 of the Collector and were given a notice on 15.11.1984 for depositing the same. Plaintiffs' First Appeal against above notice was dismissed by the Revenue Appellate Authority, Bharatpur and their Second Appeal was also dismissed by the Board of Revenue. In the meanwhile, the State Government wanted to acquire this land but it was de-notified vide order of this Court dated 20.7.1988, and thereafter on 9.2.1999, plaintiff petitioners deposited conversion charges amounting to Rs.75,399/-. On 16.7.2002, Tehsildar Bharatpur sent a notice for recovery of interest for delayed payment and another notice dated 28.8.2002 was also sent. Plaintiffs averred in the Civil Suit that interest was not payable, and deposit of conversion charges and issuance of N.O.C. are separate issues and N.O.C. cannot be cancelled on the ground of non-payment of interest, therefore, the respondent Government may be restrained through permanent injunction not to cancel the N.O.C. or to seize the petrol pump.
(3.) This Suit was ultimately decreed on 18.8.2009 to the extent that petrol pump shall not be seized in consequence to the notice dated 28.8.2002 but the injunction shall not debar the Government from recovering the amount of interest as per law. The application for temporary injunction was decided by the learned Trial Court vide order dated 31.10.2002 by which it was ordered that no action shall be taken against the plaintiff petitioners on the basis of notices dated 16.7.2002 and 28.8.2002 of the Tehsildar and Collector, Bharatpur respectively. Plaintiff petitioners presented an application on 8.7.2003 u/O. 39 R. 2A CPC before the learned Trial Court alleging disobedience of order dated 31.10.2002 by Collector Bharatpur by passing an order dated 5.6.2003 by which N.O.C. granted for running petrol pump was cancelled and plaintiffs were asked to close the operation of petrol pump, and a copy of such order was sent to the District Supply Officer, Bharatpur, who closed the petrol pump in violation of Trial Court's order dated 31.10.2002.;