2023 (3) TMI 560

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....o ownership so as to enable, inter alia, dealing with the land for liquidating demands outstanding against the estate of Nanu Ram Agrawalla, since deceased. His clients are the heirs and legal representatives. 2. Mr. Nanda, learned advocate, Additional Government Advocate appears on behalf of State and opposes the prayer. He submits, certificate dues are outstanding from the estate. There has to be first recovery before petitioners, as legal heirs, can claim to have conversion. 3. Mr. Satapathy, learned advocate appears for revenue and submits, no transfer can be permitted as barred by section 281 in Income Tax Act, 1961. He submits, conversion means that the government land will be transferred by the government, to petitioners. The e....

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....nd ground is that the leasehold plot is subjudice in this Court under WP(C) no.654 of 2008. 8. Mr. Mishra points out that there is order dated 2nd November, 2021, made by coordinate Bench, specifically saying that WP(C) no.15349 of 2021 is not related to WP(C) no.654 of 2008. We reproduce below said order dated 2nd November, 2021. "1. This matter is taken up through Hybrid Mode. 2. Heard learned counsel for the parties. 3. This writ petition is not related to WP(C) no.15349 of 2021. 4. The writ petition be delisted from WP(C) no.15349 of 2021 and place the same before the assigned Bench after obtaining permission from the Hon'ble the Chief Justice." This writ petition is WP(C) no.15349 of 2021. Seco....

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....td. 12.01.2000 along with challan deposit receipt is annexed herewith as Annexure-D/1 series. Such conduct of Nanuram Agarwal in depositing the conversion in a hurried manner without any order for conversion is completely illegal and unacceptable in law." (emphasis supplied) The resistance to conversion on contention that late Daulatram Nanuram Agrawalla had applied for conversion by putting in the fees and without waiting for an order of conversion is not a contention that can bear scrutiny, neither for its substance nor because it is in trying to supplement reasons given in impugned order, impermissible as declared by the Supreme Court in Mohinder Singh Gill v. Chief Election Commissioner, reported in AIR 1978 SC 851. 12. T....