High Court Jharkhand High Court

Ramhari Lal Srivastava And Ors. vs Steel Authority Of India Ltd. And … on 8 April, 2003

Jharkhand High Court
Ramhari Lal Srivastava And Ors. vs Steel Authority Of India Ltd. And … on 8 April, 2003
Equivalent citations: 2003 (3) JCR 502 Jhr
Author: M Eqbal
Bench: M Eqbal


ORDER

M.Y. Eqbal, J.

1. Heard Mr. R. Krishna, learned counsel for the petitioners and Mr. Rajiv Ranjan, learned counsel for the respondent-Steel Authority of India Limited.

2. Petitioners have filed this writ application seeking issuance of writ of mandamus commanding upon the respondents mainly respondent No. 2, Managing Director, Steel Authority of India Limited, Bokaro Steel Plant, Bokaro to release 210 acres of land to the Bokaro Steel Employees Co- operative House Construction Society Limited for developing housing colony for 351 non-plot holders employees of the aforesaid society.

3. Petitioners’ case is that respondents took resolution dated 8.5.1973 for
allotment of 210 acres of land to the
Society. It is contended by the petitioners
that since 1973 petitioners have been approaching the respondent authority for
release of 210 acres of land but the same
has not been released. Respondents in their
counter affidavit challenged the authority of
the petitioners to file writ petition inasmuch
they do not represent the Co- operative
Society. It is stated that even if any resolution or commitment was made by the
respondents in 1973, the same can be enforced only by filing suit for specific
performance.

4. After considering the affidavit filed by the parties and also hearing argument of the learned counsel for the parties, I am of the opinion that the relief sought for by the petitioners is wholly misconceived and the writ application is belated one. This Court cannot issue mandamus for the enforcement of any resolution and/or commitment made by the respondents for allotment of land in favour of the society.

5. There is no merit in this writ application, which is accordingly dismissed.