11-11-2024 Heard Mr. T. A. Choudhury, learned counsel for the petitioner.

2. Aggrieved with the order dated 09.01.2023, passed by the learned Metropolitan Magistrate, 15th Court at Calcutta, West Bengal in Case No.CS59941/24 under Sections 406/420 IPC directing the petitioner for his appearance on 11.07.2024 and the order dated 11.07.2024 of the said Court by which it issued Warrant of Arrest against the petitioner for his appearance in said Case No.CS/59941/24.

3. Petitioner has filed this application under Article 226(2) of the Constitution of India stating that as per the Business Loan Agreement dated 25.11.2023, with Loan Application ID No. 107024 the agreement was executed at Chennai with the respondent No.1, whereas, the borrower i.e., the petitioner/lonee is from the District of Karimganj, Assam, therefore, the Court at West Bengal does not have any jurisdiction to initiate any such proceeding on the complaint filed by the respondent No.1, Mintifi Finserve Private Limited under Section 200 CrPC with charge under Sections 406/420 IPC against the petitioner before the Court of learned Metropolitan Magistrate, 15th at Calcutta being registered as Case No.CS/59941/24 under Sections 406/420 IPC. According to the petitioner, taking cognizance of the offence against the petitioner by the learned Court of Metropolitan Magistrate, 15 th at Calcutta, West Bengal on the basis of the complaint of the respondent No.1 is without jurisdiction and bad in law.

-----------------------------------------------------------

and

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Dated this the 8th day of November, 2024 JUDGMENT/ORDER P.G.Ajithkumar, J.

W.P.(C)No.30142 of 2023: Travancore Devaswom Board has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1 st respondent Inspector General of Registration to consider and pass appropriate orders on Ext.P8 complaint dated 20.02.2023 made by the Devaswom Commissioner demanding cancellation of registration of deed No.1715/2015 with regard to the property having an extent of 32 cents in Sy.No.200/20 in Karode Village. The petitioner has also sought consequential reliefs.

The Court: As a last chance, the time to file affidavit-in-opposition to the application under Section 34 of the Arbitration and Conciliation Act, 1996 is extended upto 30th November, 2024. Affidavit-in-reply, if any, be filed within 8th December, 2024. Let this matter appear in the list on 11th December, 2024.

The time mentioned is peremptory.

(SHAMPA SARKAR, J.) B.Pal

The Court: Liberty is granted to the advocate-on-record for the claimant to correct the description of the application in the cause title.

By communication dated September 3, 2024, learned sole arbitrator appointed by the court informed the parties that he had resigned from the matter. He thus refused to act as the sole arbitrator. The petitioner prays for appointment of a substitute arbitrator.

2

Ms. Banerjee, learned advocate for the respondent submits that the respondent had filed a suit. An application under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act,) is also pending before the learned Civil Court at the instance of the petitioner. As such, this Court must refrain from appointing an arbitrator as the issues involved in the suit are yet to be decided and the application under Section 8 of the said Act has been filed with similar prayers.

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1. This is an criminal appeal under section 341 Cr.PC preferred by the appellant/ applicant against the impugned order dated 31.01.2020 passed by Court of Chief Metropolitan Magistrate SED/Saket Court, New Delhi whereby the application of appellant/applicant moved u/s 340 Cr.P.C. r/w Section 195(1)(b) Cr.P.C. was dismissed.

GROUNDS OF APPEAL

2. The grounds cited by the appellant against the impugned order are as under :

A. Because the Ld. Trial Court duly appreciated the fact that the Respondent Bank concealed the fact regarding the Appellant being in possession of the said property, and yet, in utter disregard of the prejudice caused to the Appellant due to such concealment, regarded the same as being non violative of the principles of natural justice.

8. That attested copy of DAR is Ex. PW-1/1 already on record with the court, attested copy of Charge- sheet is Ex. PW-1/2 already on record with the court, copy of Fir is Ex. PW-1/3 already on record with the court, copy of MLC is Ex. PW-1/4 already on record with the court, copy of post mortem report is Ex. Pw-1/5 already on record with the court, copy of salary certificate is Ex. PW-1/6 already on record with the court, copy of mechanical inspection report of offending vehicle is Ex. PW-1/7 already on record with the court, copy of site plan is Ex. PW-1/8 already on record with the court, copy of Insurance Certificate of offending vehicle is Ex. PW-1/9 already on record with the court, copy fo R/C details of offending vehicle is Ex. PW-1/10 already on record with the court, copy of Driving Licence Verification report of respondent/accused is Ex. PW-1/11 already on record with the court, copy of arrest memo is Ex. PW-1/12 already on record with the court, Copies of Aadhar Cards of legal heirs are Ex. Pw-1/13 (Colly.) already on record with the court. Copy of Funeral receipt issued from Shamshan Ghat is Ex. PW-1/14. Copy of Death Certificate of my deceased father is Ex. PW-1/15.

:

The Appellant filed an (online/offline) RTI application dated 06.04.2023 seeking the following information:

"1. Please provide the below information of under all Railway Zones of Indian Railways on all India basis.

S.No Name of the Full postal Address Name of the Telephone/Mo Email ID of Railway with PIN code of officer bile Nos. of the the Unions/Mazdoor the Railway Bearers and Officers Railway Sanghs/Associati Union/Mazdorr Designations bearers Unions/Ma ons Sanghs/Association zdoor s Sanghs/As sociations

:

The Appellant filed an (online/offline) RTI application dated 06.04.2023 seeking the following information:

"1. Please provide the below information of under all Railway Zones of Indian Railways on all India basis.

S.No Name of the Full postal Address Name of the Telephone/Mo Email ID of Railway with PIN code of officer bile Nos. of the the Unions/Mazdoor the Railway Bearers and Officers Railway Sanghs/Associati Union/Mazdorr Designations bearers Unions/Ma ons Sanghs/Association zdoor s Sanghs/As sociations

1. The Appellant filed an RTI application dated 22.05.2023 seeking information on the following points:

(i) Party wise detailed break up of the amount pertaining to each of the debtors whose debt has been assigned vide aforesaid agreement.

Page 1 of 5

(ii) Details of Actual amount paid by the ARC to the bank pertaining to each individual debt.

(iii) Copies of Correspondence with regards to the above between the Assignor (Bombay Mercantile Co-operative Bank Ltd) and Assignee Invent Assets Securitisation Reconstruction Pvt. Ltd prior to and subsequent to the alleged Assignment

This writ petition has been filed challenging the order passed by the second respondent dated 10.10.2023, thereby partly allowed the complaint filed by the fifth respondent and ordered to pay a sum of Rs.25,000/- per month, in favour of the fifth respondent.

2. The petitioner is the son of the fifth respondent and the respondents 6 & 7 are the daughters of the fifth respondent. The fifth respondent got married one Kala and gave birth to the petitioner and the https://www.mhc.tn.gov.in/judis respondents 6 & 7 herein. The property ad measuring 493 sq.ft., situated at Door No.7/1, 9th lane, Narayan nayakkan Street, Pudupet, Chennai, was settled in favour of the fifth respondent by his father. It consists ground floor plus 2 floors. In the ground floor, there is an yarn company and employees are staying in the said premises. The fifth respondent's wife owned property at Chintadripet, in which the petitioner is receiving the rent of Rs.25,00,000/- per month. The petitioner is doing his business in the Chintadripet house.

This writ petition has been filed challenging the order passed by the first respondent dated 15.03.2024, thereby confirming the order dated 12.06.2019 passed by the second respondent, thereby rejecting the complaint lodged by the petitioner and to direct the third respondent to provide all amenities to the petitioner including food and shelter and also restrain the third respondent from torturing the petitioner and his wife.

2. The petitioner is the father and the third respondent is the son. The petitioner got married one Girija and gave birth to the third respondent and one daughter. While he was in service in the police department, he had purchased a property ad measuring 4½ cents comprised in Survey No.665/1B and 665/2 part situated at Echanari, Near Ammal Temple, Kurichi Village, Madhukarai Taluk, Coimbatore, https://www.mhc.tn.gov.in/judis by a registered sale deed dated 29.01.2010, bearing document No.446/2010. Thereafter, he constructed a house and was residing there.

These two writ petitions have been filed by the same petitioner based on the same fact situation and as such, both the matters were heard together and are being disposed of by this common order.

https://www.mhc.tn.gov.in/judis W.P.Nos.2751 and 9303 of 2020

2. The petitioner herein was initially appointed as 'Grade-II, Police Constable' in TSP-I Battalion, Trichy and thereafter, the petitioner was transferred to District Armed Reserve Perambalur District and in the year 2004, he was transferred to District Armed Reserve Nagapattinam District and thereafter, he was transferred to Taluk Police Establishment in the year 2010 and then he was upgraded as ‘Grade I, Police Constable’ in the year 2006 and further upgraded as 'Head Constable' in the year 2011. The petitioner also claimed to have received 16 rewards for his performance and there were no adverse remarks against the petitioner through out his service.

The Criminal Revision is directed against the order passed in Crl.M.P.No.5785 of 2022 in C.C.No.224 of 2024 dated 25.03.2024 on the file of the Judicial Magistrate Court, Tirumangalam.

2. On the basis of the complaint lodged by the second respondent, FIR came to be registered in Crime No.41 of 2022 against 9 persons including the petitioner for the alleged offences under Sections 147,148, 294(b), 323, 324 and 506(2) IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002. The first respondent, after completing the investigation, has filed a final report against 8 persons and also filed a report deleting the petitioner/9th accused from the above case before the jurisdictional Court. The learned Magistrate, after receipt of the charge sheet as well as the deletion report, has issued notice to the second respondent. The second respondent has entered into appearance and filed a https://www.mhc.tn.gov.in/judis protest petition in Crl.M.P.No.5785 of 2022 and the learned Magistrate, after enquiry, has passed the impugned order dated 25.03.2024 by holding that there existed prima facie case against the petitioner and ordered for issuance of summons to all the accused including the petitioner. Aggrieved by the order adding the petitioner as one of the accused and for issuance of summons, the present revision came to be filed.

https://www.mhc.tn.gov.in/judis This writ petition is filed seeking mandamus to direct the respondents to recompute the pensionary benefits to the petitioners, who are all retired from service under the 2nd respondent management on the basis of average salary drawn by them for the last 10 months prior to their retirement and also direct the second respondent to pay arrears of pension.

2. The facts in brief in this writ petition are that the petitioners originally joined their service at the Bank of Madura at various positions on different dates. The Bank of Madura was amalgamated with ICICI Bank Limited, the 2nd respondent herein by the Scheme of amalgamation with effect from 10.03.2001. As per the said scheme, all the employees of Bank of Madura stood transferred to the service of ICICI Bank Limited however, all the service conditions of the employees of Bank of Madura are protected.

11.11.2024 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State. Perused the records.

3. This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 498-A / 323 / 342 / 506 /307 / 34 of I.P.C. read with Section 4 of D.P. Act in G.R. Case No.1305 of 2024 of the Court of learned S.D.J.M., Chatrapur arising out of Chamakhandi P.S. Case No.373 of 2024.

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

Through: -

CORAM:

HON'BLE MR JUSTICE RAJESH SEKHRI, JUDGE (ORDER) 08.11.2024 The short grievance projected by the petitioner, who is present person in the Court, is that he has e-mailed various complaints to the respondents with respect to outcome of the investigation, pertaining to FIR No. 114/2022, however, the same has not evoked any response till date. The petitioner submits that he will be satisfied if the concerned authorities are directed to accord consideration and dispose of the said complaints as per law and report in this respect is furnished to him.

08.11.2024

1. In terms of an order dated 31.10.2024, this Court came to direct the personal appearance of Ms. Sheetal Nanda, Commissioner/Secretary to Government Social Welfare Department, Union Territory of Jammu and Kashmir for today's hearing both in the writ petition as well as in the contempt petition for the purpose of eliciting from the Commissioner/Secretary, Social Welfare Department some informative inputs as to wherefrom the Integrated Child Development Services (ICDS) Scheme, pursuant to which in terms of the Government Order No. 50/SW of 2014 the contractual appointments of the petitioners came to take place is reckoned to be closed as from the reading of the entire reply from the respondents, and, this Court has not come across with any order/decision, express or implied, that the posts created in terms of Government Order No. 50/SW of 2014 for the purpose of running the establishment are to be wound up in terms of a later government order/decision.

It is submitted on behalf of the petitioner he is in custody for about 170 days. It is further submitted no specific overt act is attributed to the petitioner. Co-accused viz. Jinarul Sk. @ Bucha and Sujauddin Sk. @ Md. Sujauddin have been enlarged on bail. Accordingly, he prays for bail on parity.

2. Learned Advocate for the State opposes the prayer for bail.

3. We have considered the materials on record. Statements of witnesses show petitioner was present at the spot. However, allegations against the petitioner are general and omnibus and no specific overt act has been attributed to him. He stands on the same footing with co- accused viz. Jinarul Sk. @ Bucha and Sujauddin Sk. @ Md. Sujauddin who have been enlarged on bail. Under such circumstances and in view of the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.

It is submitted on behalf of the petitioner he has been falsely implicated in the instant case. Investigation is complete. Accordingly, he prays for anticipatory bail.

2. Learned Advocate for the State opposes the prayer for anticipatory bail and submits victim was a minor.

3. Learned Advocate for the de-facto complainant also opposes the prayer for anticipatory bail.

4. We have considered the materials on record. Victim was a minor and the petitioner subjected her to sexual assault. However, investigation is complete. Under such circumstances, we are of the opinion custodial interrogation of the accused/petitioner is not necessary and he may be granted anticipatory bail however, subject to strict conditions.

Heard learned Advocates for both the parties.

2. We have considered the materials on record. The dispute arose out of a commercial transaction. Mere failure to comply with the terms of a commercial arrangement per se would not attract the ingredients of the alleged offence. Under such circumstances, we are of the opinion though custodial interrogation of the accused/petitioner is not necessary and he may be granted anticipatory bail, he requires to cooperate with the investigation.

12.11.2024 jb.

jdt.

Allowed C.R.M. (SB) 150 of 2024 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973/ Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Chandipur Police Station Case No. 31/2022 dated 06.02.2022 under Section 380 with added Section 411 of the Indian Penal Code.

And In Re : Prasanta Jana ... Petitioner.

Mr. Ayan Basu Mr. Sandip Kr. Mondal Mr. Sumit Routh ... For the Petitioner.

Nobody appears for the petitioners.

2. Accordingly, the application for anticipatory bail is dismissed for default.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 12 th of November 2024 03:58:09 PM

1. The present revisional application has been preferred by the petitioner against an order dated 22.04.2022 passed by the learned Judge, 5th Special Court, Kolkata, in the proceeding being Special Case No. SEBI/39/2018.

2. The petitioner's case is that the petitioner had joined in Amrit Bio Energy and Industries Limited as an executive director on 27.04.2004, for the erection and commissioning of renewal energy power project. The said Amrit Bio Energy and Industries Limited is a group of companies under Amrit Projects Ltd. a company incorporated under the provisions of the companies Act, 1956. After being satisfied with the performance of the petitioner, Kailash Chand Dujari, the Managing Director of Amrit Projects Ltd. and its group of companies had offered the petitioner to become director of several other group companies of Amrit Projects Ltd. After joining the said Amrit Group the petitioner was to look into the development and set up of a power project of 10 M.W. in the District of Bankura, West Bengal. The said project was successfully completed under the supervision of the petitioner. The said Amrit Project Limited had started a business receiving deposits from the public at large without consulting with the petitioner. The petitioner had tendered resignation and resigned from the said Amrit Projects Limited and all its group of companies in the year 2013.

as follows. The writ petitioners namely, Everrise Housing Private Limited being the Petitioner No. 1 and one Sanjay Agarwal, Director Everrise Housing Private Limited came forward before this Hon'ble Court prayed for declaring the purported proceeding initiated in terms of the alleged notification bearing no. 9817-LA (II) /5 M-1/88 Pt. dated 30th December, 1989 as lapsed. The issue was whether a Post-Acquisition Purchaser or a purchaser after the issuance of a notice under Section 4 and 6 of the Land Acquisition Act, 1894 had any legal right to challenge the acquisition proceeding on the ground of lapse or any other grounds. The answer was 'No'. There was no single instance or any case which had been successfully challenged by the Post Acquisition Purchaser or after the issuance of a notice under Section 4 and 6 of the Land Acquisition Act, 1894, since 1894 till July, 2024 and or the same had been declared as Good Law. On the contrary, there were hundreds of decisions that Post Acquisition Purchaser had no legal standing to the question of acquisition or to its lapse. The reason was that the legal precedent of jurisprudence surrounding the Land Acquisition Act, 1894 had established that a purchaser a land after issuance of notice under Section 4 and 6 of the Act did not have any locus Standi to challenge the acquisition or the lapse of the acquisition proceeding. This was because the right of the original land owner was extinguished upon the acquisition and the purchasers' right were derivative and limited to the extent of their purchase. They were not aggrieved parties therefore, lacked legal capacity to question the acquisition or its lapse. In the case of Shiv Kumar and Another Vs. Union of India and others reported at (2019) 10 SCC 229, it had been clearly stated that admittedly Power under Section 17(4) was exercised dispensing with the enquiry under Section 5A and on service of notice under Section 9 possession was taken since urgency was acute viz pumping station house to be constructed to drain out flood water. Consequently, the land stood vested in the State under Section 17(2) free from all encumbrances. It was further settled law that once possession was taken by operation of Section 17(2) the land vested in the State free from all encumbrances unless a notification under Section 48(1) was published in the gazette withdrawing the acquisition. Section 11A as amended by Act 68 of 1894 therefore, did not apply and the acquisition did not lapse. The said Judgment held, "It has been laid down that purchasers on any ground whatsoever cannot question proceeding for taking possession. A purchaser after Section 4 notification does not acquire any right in the land as the sale is ab-initio void and has no right to claim the land under policy". Paragraph 22 of the said Judgment stated," a nullity is inoperative and a person cannot claim the land or declaration once no title has been conferred upon him to claim the land should be given back to him". The said judgement was of Three Judges' Bench and had been affirmed the case of Indore Development Authority Vs. Manoharlal reported at (2020)8 SCC 129. In the case of Indore Development Authority Vs. Manoharlal reported in (2020)8 SCC 129 it had been held by the Five Judges' of the Hon'ble Supreme Court "It does not visualise a situation where possession has been taken under the urgency provision of Section 71, but the award has not been made in such case under Section 24(1)(a) of the 2013 Act, there is no lapse of entire proceeding but compensation is to be determined in accordance to the provisions of the 2013 Act. In case of urgency possession is usually taken before the award is passed. Thus, where no award is passed, where urgency provisions under Section 17(1) of the 1894 Act had been invoked, there is no lapse". In this instant case the provision of Section 17(4) of 1894 Act had been invoked and as such, there could not be any lapse of the proceeding under Section 11A of the Land Acquisition Act in any manner whatsoever. In the case Delhi Development Authority Vs. Godfrey Philips (1) Limited and Others reported at (2022) 8 SCC 771 stated that still further the purchaser had purchased the property after vesting of the land with the State. In fact, none of Dharam Trust earlier Three Judges Bench Judgement in M. Venkatesh was not even referred to the purchaser had no right to claim lapsing of acquisition proceeding in view of the recent Larger Bench Judgement of this Court in Shiv Kumar Vs. Union of India reported in (2019)10 SCC 229 it had been held the purchaser had no right to claim a declaration sought for. In very recent judgement in the case of Delhi Development Authority Vs. Narendra Kumar Jain and Others reported at (2024) 3 SCC 721, it had been held deemed lapse of acquisition proceedings none payment of compensation was not a ground, where possession of land taken furthermore writ petition by subsequent purchaser claiming lapse of proceeding, held not maintainable as such person did not have locus standi to challenge acquisition proceeding and/or pray for deemed lapse of acquisition proceeding. In paragraph 4 of the said judgment it was stated "however, it is required to be noted that the decision of this Court in Manab Dharam Trust which has been relied by the High Court while passing the impugned judgement and order, is held to be not a good law in view of the decision of this Court in Shiv Kumar Vs. Union of India and subsequent decision of this Court in DDA Vs. Godfrey Philips (1) Limited reported in (2022)8 SCC 771". In paragraph 5 it stated "In Shiv Kumar Vs. Union of India and DDA Vs. Godfrey Philips (1) Limited, it is specifically observed and held that the subsequent purchaser has no locus Standi to challenge the acquisition and/or pray for deemed lapse acquisition". The petitioner relied upon a decision (reportable) in M/S Delhi Airtech Services Pvt. Vs. State of U.P. on 14th October, 2022 by Two Judges Bench without referring and considering the ratio of the Judgment of Shiv Kumar Vs. Union of India reported in (2019)10 SCC 229 which was a larger bench decision. In paragraph no. 26, the concluding paragraph (ii) if the requirement was compiled and possession was taken after tendering and paying eighty per centum, though there was need to pass an award and pay the balance compensation within a reasonable time, the rigor of section 11A of Act, 1894 would not apply so as to render the entire proceedings for acquisition to lapse in the context of absolute vesting. The right of land loser in such case was to enforce passing of the award and recover the compensation. The ratio of this case was distinguishable in the facts and circumstances of the case of the petitioner as the right of land loser in such case was to enforce passing of the award and recover the compensation, but the same could not be the right of a Post Acquisition Purchaser under any circumstances and as such, the judgement relied upon by the petitioner was distinguishable and had no manner of application in the facts and circumstances of this case. First of all, it had not considered the judgement passed in the case of Shiv Kumar Vs. Union of India reported at (2019)10 SCC 229 a judgement of Three Judges' Bench and the judgment did not consider paragraph 123 of the case reported in Indore Development Authority Vs. Manoharlal reported at (2020)8 SCC 129 which was a judgement of Five Judges and as such, the writ petition was liable to be dismissed with exemplary costs solely on the ground that the land in possession of the government and notice under Section 17 Sub Section (4) had been invoked and the judgment relied upon by the petitioner was of the judgement of Two Judges Bench without considering the ratio of Three Judges and Five Judges Bench. Furthermore, in the recent judgment of (2024)3 SCC 721 it had affirmed the judgment of Shiv Kumar Vs. Union of India and DDA Vs. Godfrey Philips (1) Limited and as such, the instant writ petition was devoid of merit and was liable to be dismissed with costs. In the case reported at (2011) 5 SCC 394 it was held that once possession had been taken under section 17 section 11A could not be sustained and elaborate explanation had been given.

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