CWP No. 8662 of 2013 and CMP No. 18888 of 2013. Case: Himachal Pradesh Crick Vs State of H.P.. Himachal Pradesh High Court
| Case Number | CWP No. 8662 of 2013 and CMP No. 18888 of 2013 |
| Counsel | For Appellant: Mr. P.S. Patwalia & Mr. R.K. Bawa, Senior Advocates, Abhinav Mukherji,Parshotam Chowdhry, Vikrant Thakur & Jeevesh Sharma, Advocates and For Respondents: Mr. R.S. Cheema, Senior Advocate, Jasdev Singh Mehndiratta and Arshdeep Singh Cheema, Advocates and Mr. Shrawan Dogra, Advocate General, Mr. Anup Rattan, Mr. Romesh Verma, ... |
| Judges | A. M. Khanwilkar, C.J. and Kuldip Singh, J. |
| Issue | Companies Act, 1956 - Section 25 |
| Judgement Date | November 05, 2013 |
| Court | Himachal Pradesh High Court |
Judgment:
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We have heard counsel for the parties on the question of grant of interim relief in this petition. This petition first appeared on 31st October, 2013, when it was adjourned at the instance of the respondents-State, as the State wanted to engage special counsel. No reply-affidavit has been filed by the respondents-State. We are conscious of the fact that we are called upon to consider question of grant of interim relief, which will be mandatory in nature. We are deciding the said question on the basis of indisputable facts.
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The moot question that needs to be answered for considering grant of interim relief as prayed is - whether the State has acted with or without authority of law in directing taking over forcible possession of petitioners from the land in question, and in particular, the building constructed on the said land, which, according to the petitioners, belong to the petitioners. There is nothing to indicate that the said building was constructed with the contribution from the State as such.
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The factual background in which possession of the building has been taken overnight on 26th October, 2013, emanates from the proceedings initiated by the Registrar of Cooperative Societies. After issuance of show cause notice by him, the petitioners had rushed to this Court when the Court disposed of the said CWP No. 7593 of 2013-I, on 19th September, 2013, by relegating the petitioners to agitate the grievance about the issue of jurisdiction of the Registrar of Societies before the same Authority. The Court also directed the Registrar of Societies to decide the said issue in the first place and not to act upon that decision for a period of ten days to enable the petitioners to take recourse to appropriate remedy to challenge the same.
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It is not in dispute that the Registrar decided the said issue on 28th October, 2013. However, before the said decision could be pronounced, the State Government, on 26th October, 2013, in particular, the Revenue Department, set the proposal for cancellation of leases granted to the Himachal Pradesh Cricket Association Society in motion, as a result of which the matter was examined by the Cabinet of the Government of Himachal Pradesh the same day. It is stated that the Cabinet unusually took decision at around 10.30 p.m. on 26th October, 2013 itself. Obviously, as a consequence of that decision, the Principal Secretary (Revenue) to the Government of Himachal Pradesh issued the impugned order, dated 26th October, 2013, terminating all the leases/sub-leases of Government lands granted in favour of the Himachal Pradesh Cricket Association, referred to in paragraphs 1 and 2 of the impugned order. The Principal Secretary (Revenue) to the Government of Himachal Pradesh further directed the concerned Authorities, to which the order was addressed, to take immediate possession of the leased lands free from all encumbrances. It is stated that after receipt of the said communication, obviously at around midnight, the Deputy...
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