SHREE CHANDRASHEKHAR, J. - (1.) AGGRIEVED by rejection of application under Section 53 of the Land Acquisition Act, 1894 read with Section 151 CPC, the petitionerSteel Authority of India Ltd. has preferred the present writ petition.
(2.) THE facts stated in the writ petition are briefly summarised thus : The petitioner is a Government of India Company registered under Section 617 of the Companies Act, 1956. The respondents namely, Prayag Chandra Kejriwal and Santosh Kumar Kejriwal are plaintiffs in L.A. Reference Case No. 2/1998 and L.A. Reference Case No. 3/1998 in which initially the petitionerSAIL was not made party. However, an application dated 29.07.1999 under Order I Rule 10 CPC was filed and SAIL was made party vide order dated 05.08.1999. After its name was added in L.A. Reference cases, the petitioner submitted written statement with objection application on 05.04.2000 and also filed application dated 01.02.2001 for recall of order dated 05.08.1999 which was rejected by order dated 14.02.2001. The petitioner preferred Revision Application Nos. 98/2001 and 120/2001 against order dated 14.02.2001. In the meantime, the awardees who sought attachment of properties of the judgment debtor/State of Bihar initiated Garnishee proceeding against the petitioner which were numbered as Miscellaneous Applications. The Miscellaneous Applications were dismissed by the trial court by order dated 14.06.2000 which was challenged by the State of Bihar before this Court. The Miscellaneous Appeals preferred by the State of Bihar and Civil Revision Applications of the petitioner were heard together and the Civil Revision Applications filed by the petitioner were dismissed vide order dated 15.12.2001. The order passed in Civil Revision Applications was challenged unsuccessfully by the petitioner before the Hon'ble Supreme Court. The petitioner thereafter, filed application under Section 53 of the Land Acquisition Act, 1894 and under Section 151 CPC challenging maintainability of the L.A. Reference Case No. 2/1998 arising out of L.A. Case No. 195/6566 which has been dismissed by the impugned order dated 21.06.2011.
(3.) A counteraffidavit has been filed raising serious objection to the writ petition. It is stated that after the parties led their evidence and the matter was fixed for hearing, the application dated 26.05.2011 was filed. The petitionerSAIL has admitted its liability still, on frivolous grounds application dated 26.05.2011 was filed. The prayer for calling record of L.A. Case No. 195/6566 from the office of District Land Acquisition Officer, Bokaro for deciding the maintainability of the L.A. Reference Case No. 2/1998 has rightly been rejected by trial court. It is further submitted that similar issue was raised by the petitionerSAIL which was dismissed vide order dated 14.02.2001. The said order attained finality after dismissal of Civil Revision Applications and the Special Leave Petition filed by the petitioner. Heard the learned counsel for the parties.;