GOVERNMENT OF NCT OF DELHIversusRAVINDER KUMAR JAIN & ORS.

                         [2023] 7 S.C.R. 311                               311


               GOVERNMENT OF NCT OF DELHI                                  A
                                   v.
                RAVINDER KUMAR JAIN & ORS.
                   (Civil Appeal No. 3621 of 2023)
                            MAY 18, 2023                                   B
         [ABHAY S. OKA AND RAJESH BINDAL, JJ.]
        Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) –
Locus of a subsequent purchaser to invoke s.24(2) to claim lapse
                                                                           C
of acquisition – Writ petition filed by the respondent no.1 invoking
s.24(2) was allowed, acquisition in question was held to have lapsed
– Correctness of – Held: A subsequent buyer of the property after
issuance of the notification u/s.4 of the 1894 Act has no locus to
invoke s.24(2) of the 2013 Act – In the present case, notification u/
s.4 of 1894 Act was issued on 25.11.1980 and the sale deed in              D
favour of the respondent no.1 was registered on 18.6.2003 – Rather
it is evident from the affidavit filed by the Land Acquisition Collector
in the High Court that the respondent no.1 purchased the land from
one ‘BB’ who had purchased the same vide sale deed dated
09.06.1981, which itself was after the issuance of notification u/s.4
                                                                           E
of the 1894 Act on 25.11.1980 – Hence, the respondent did not
have right to invoke jurisdiction of the High Court to claim that the
acquisition in question had lapsed in view of s.24(2) of the 2013
Act – Impugned order passed by High Court set aside – Writ petition
filed by the respondent No.1 dismissed – Land Acquisition Act, 1894
– s.4 – Delhi Lands (Restrictions on Transfer) Act, 1972 – s.8 –           F
Land Acquisition.
      Allowing the appeal, the Court
      HELD: 1.1 The process of acquisition of land in question
started with the issuance of notification of Section 4 of the 1894
Act on 25.11.1980. Subsequently, notification under Section 6 was          G
issued on 27.05.1985. The owner of the land at that stage
challenged the acquisition by filing W.P.(C) No.1229 of 1986.
Award under Section 11 of the 1894 Act was announced by the
Land Acquisition Collector on 05.06.1987. The writ petition was
dismissed for non-prosecution on 09.12.2004. The High Court                H
                                  311
312            SUPREME COURT REPORTS                      [2023] 7 S.C.R.


A     also recorded that the issue raised in the petition is otherwise
      also covered by various judgments. The respondent no.1 had
      purchased the land in question vide registered sale deed dated
      18.06.2003. The fact that he had knowledge about the acquisition
      of land, is evident from two facts. Firstly, that it was sought to be
      pointed out by the learned counsel appearing on behalf of the
B
      respondent no. 1 that he had obtained permission from the
      competent authority in terms of the provisions of the 1972 Act
      for transfer of the land, which had already been acquired. Though,
      in para 13 of the sale deed a vague averment has been made in
      that regard, however, no such certificate was produced. Even
C     production thereof may not be of any help to the respondent no.
      1. Secondly, the writ petition was filed by the respondent no. 1
      bearing W.P.(C) No.3701 of 2008 challenging the acquisition
      proceedings. The same was dismissed as withdrawn on 22.10.2008
      with liberty to the petitioner therein to avail of the remedy of
      review/ recall of the order dated 09.12.2004 vide which the writ
D
      petition filed by the predecessor in interest of the respondent
      no.1, challenging the acquisition, was dismissed for non-
      prosecution. It is the admitted position that an application filed
      by the respondent No.1 for reviewing/ recalling was dismissed.
      [Paras 5, 6][314-G-H; 315-A-E]
E           1.2 A subsequent buyer of the property after issuance of
      the notification under Section 4 the 1894 Act has no locus to
      invoke Section 24(2) of the 2013 Act. In the case in hand it is the
      admitted position on record that notification under Section 4 of
      1894 Act was issued on 25.11.1980 and the sale deed in favour of
F     the respondent no. 1 was registered on 18.6.2003. Rather it is
      evident from the affidavit filed by the Land Acquisition Collector
      in the High Court that the respondent no.1 purchased the land
      from ‘BB’ vide registered sale deed dated 18.06.2003, who had
      purchased the same from M/s. Ansal Housing and Estates (P)
      Ltd. vide sale deed dated 09.06.1981, which itself was after the
G     issuance of notification under Section 4 of the 1894 Act on
      25.11.1980. Hence, the respondent will not have right to invoke
      jurisdiction of the High Court to claim that the acquisition in
      question had lapsed in view of Section 24(2) of the 2013 Act. The
      impugned order passed by the High Court is set aside and the
H
  GOVERNMENT OF NCT OF DELHI v. RAVINDER KUMAR                               313
                  JAIN & ORS.

writ petition filed by the respondent No.1 in the High Court is              A
dismissed. [Paras 9-11][320-H; 321-A, D-E]
      Indore Development Authority v. Manoharlal and Others
      2020 SCC OnLine SC 316 – followed.
      Shiv Kumar and Ors. v. Union of India and Ors. 2019
      (10) SCC 229 – relied on.                                              B

      State (NCT of Delhi) v. Manav Dharma Trust (2017) 6
      SCC 751 : [2017] 4 SCR 232 – referred to.
                        Case Law Reference
2019 (10) SCC 229                   relied on                 para 1         C
[2017] 4 SCR 232                    referred to               para 8
      CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3621
of 2023.
      From the Judgment and Order dated 23.03.2015 of the High Court         D
of Delhi at New Delhi in WP (C) No. 6912 of 2014.
      Ms. Rachana Shrivastav, Sr. Adv., Ms. Monika, Chandra Prakash,
Vivek Singh, C. P. Rajwar, Ms. Somi Sharma, Advs. for the Appellant.
     Dhruv Mehta, Sr. Adv., Amit Gupta, Harisankar Mahapatra, Shiv
Verma, Nitin Mishra, Ishaan Sharma, Advs. for the Respondents.               E

      The Judgment of the Court was delivered by
      RAJESH BINDAL, J.
       1. Challenge in the present appeal is to the order passed by the
High Court of Delhi in W.P.(C) No.6912 of 2014 vide which the writ           F
petition filed by the respondent no.1 invoking Section 24(2) of the Right
to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as
“the 2013 Act”) was allowed and it was held that the acquisition in
question had lapsed for the reason that neither the possession of the land
                                                                             G
was taken nor the compensation therefor was paid.
       2. The argument raised by the learned counsel appearing on behalf
of the appellant is that the original owner of the land challenged the
acquisition by filing W.P.(C) No.1229 of 1986 which was dismissed for
non-prosecution on 09.12.2004. The respondent No.1 claimed that he
                                                                             H
314               SUPREME COURT REPORTS                         [2023] 7 S.C.R.


A     had purchased the land in question from the original owner in terms of
      the no objection certificate granted to him under Section 8 of the Delhi
      Lands (Restrictions on Transfer) Act, 1972 (hereinafter referred to as
      “the 1972 Act”), vide sale deed dated 18.06.2023. The respondent No.1
      also filed writ petition challenging the acquisition, after the purchase of
      the land, bearing W.P.(C) No.3701 of 2008, which was dismissed on
B
      22.10.2008 leaving it open to the respondent no.1 to file review/recall of
      the order dated 09.12.2004, vide which the writ petition filed by the
      original owner, challenging the acquisition of land, was dismissed. It was
      submitted that the aforesaid application was also dismissed. Referring
      to the judgment of this Court in Shiv Kumar and Ors. v. Union of
C     India and Ors.1, it was submitted that a subsequent buyer of the land
      after the process of acquisition is complete does not have any locus to
      invoke Section 24(2) of the 2013 Act, to claim that the acquisition in
      question has lapsed. Hence, the writ petition itself being not maintainable
      deserves to be dismissed. The order passed by the High Court be set
      aside.
D
             3. On the other hand, learned counsel appearing on behalf of the
      respondent no.1 submitted that it is a case where neither the compensation
      has been paid nor the possession of the land has been taken. The
      respondent no.1 has already constructed his house on the land in question
      and living there for more than a decade. He is assessed to house tax,
E     which is being paid regularly. At this stage, disturbing his possession will
      be quite harsh as he would be deprived of shelter on his head. He further
      submitted that the sale deed in the case was registered after due
      permission from the authorities under the provisions of the 1972 Act.
      Hence, at this stage, he should not be deprived of his possession. The
F     appeal be dismissed.
               4. Heard learned counsel for the parties and perused the paper
      book.
            5. The basic facts which are not in dispute are that the process of
      acquisition of land in question started with the issuance of notification of
G     Section 4 of the 1894 Act on 25.11.1980. Subsequently, notification under
      Section 6 was issued on 27.05.1985. The owner of the land at that stage
      challenged the acquisition by filing W.P.(C) No.1229 of 1986. Award
      under Section 11 of the 1894 Act was announced by the Land Acquisition

      1
H         2019 (10) SCC 229
  GOVERNMENT OF NCT OF DELHI v. RAVINDER KUMAR                                315
         JAIN & ORS. [RAJESH BINDAL, J.]

Collector on 05.06.1987. The writ petition was dismissed for non-             A
prosecution on 09.12.2004. The High Court also recorded that the issue
raised in the petition is otherwise also covered by various judgments.
        6. The respondent no.1, Ravinder Kumar Jain had purchased the
land in question vide registered sale deed dated 18.06.2003. The fact
that he had knowledge about the acquisition of land, is evident from two      B
facts. Firstly, that it was sought to be pointed out by the learned counsel
appearing on behalf of the respondent no. 1 that he had obtained
permission from the competent authority in terms of the provisions of
the 1972 Act for transfer of the land, which had already been acquired.
Though, in para 13 of the sale deed a vague averment has been made in
that regard, however, no such certificate was produced. Even production       C
thereof may not be of any help to the respondent no. 1. Secondly, the
writ petition was filed by the respondent no. 1 bearing W.P.(C) No.3701
of 2008 challenging the acquisition proceedings. The same was dismissed
as withdrawn on 22.10.2008 with liberty to the petitioner therein to avail
of the remedy of review/ recall of the order dated 09.12.2004 vide which      D
the writ petition filed by the predecessor in interest of the respondent
no.1, challenging the acquisition, was dismissed for non-prosecution. It
is the admitted position that an application filed by the respondent No.1
for reviewing/ recalling was dismissed.
       7. As regards the locus of a subsequent purchaser to invoke Section    E
24(2) of the 2013 Act to claim that the acquisition had lapsed, the law is
well settled. The three Judge Bench of this Court in Shiv Kumar (supra)
while deciding the point in law has held as follows:
      “18. Even otherwise, proviso to Section 24(2) does not
      recognise a purchaser after Section 4 notification inasmuch             F
      as it provides that where an award has been made, and the
      compensation in respect of a majority of landholdings has
      not been deposited in the account of the beneficiaries, then,
      all beneficiaries specified in the notification for acquisition
      issued under the 1894 Act, shall be entitled to compensation
      under the provisions of the 2013 Act. The proviso makes it              G
      clear that in case of compensation concerning the majority
      of landholdings has not been deposited, then recorded
      owner(s) at the time of issuance of notification under Section
      4 of the 1894 Act shall have the right to receive the
      compensation. Purchasers after Section 4 notification have              H
316      SUPREME COURT REPORTS                         [2023] 7 S.C.R.


A     not been given the right to receive the higher compensation
      under the provisions contained in the 2013 Act.
      19. The 2013 Act presupposes that a person is required to be
      rehabilitated and resettled. Such a person who has purchased
      after Section 4 notification as sale deed is void under the
B     1894 Act, cannot claim rehabilitation and resettlement as per
      policy envisaged under the 2013 Act, as his land has not been
      acquired, but he has purchased a property which has already
      been acquired by the State Government, he cannot claim even
      higher compensation, as per proviso to Section 24(2) under
      the 2013 Act. An original landowner cannot be deprived of
C     higher value under the 2013 Act, which higher compensation
      was not so contemplated when the void transaction of sale
      had been entered, and right is conferred under the proviso to
      Section 24(2) on recorded owners under the 1894 Act. We
      have come across instances in which after notifications under
D     Section 4 were issued and, the property was purchased at
      throwaway prices by the builders and unscrupulous persons,
      such purchases are void and confer no right even to claim
      higher compensation under Section 24(2) of the 2013 Act as
      it is to be given to the owner as mentioned in the notification.
E     20. Given that, the transaction of sale, effected after Section
      4 notification, is void, is ineffective to transfer the land, such
      incumbents cannot invoke the provisions of Section 24. As
      the sale transaction did not clothe them with the title when
      the purchase was made; they cannot claim “possession” and
      challenge the acquisition as having lapsed under Section 24
F     by questioning the legality or regularity of proceedings of
      taking over of possession under the 1894 Act. It would be
      unfair and profoundly unjust and against the policy of the
      law to permit such a person to claim resettlement or claim the
      land back as envisaged under the 2013 Act. When he has not
G     been deprived of his livelihood but is a purchaser under a
      void transaction, the outcome of exploitative tactics played
      upon poor farmers who were unable to defend themselves.
      21. Thus, under the provisions of Section 24 of the 2013 Act,
      challenge to acquisition proceeding of the taking over of
H     possession under the 1894 Act cannot be made, based on a
GOVERNMENT OF NCT OF DELHI v. RAVINDER KUMAR                          317
       JAIN & ORS. [RAJESH BINDAL, J.]

  void transaction nor declaration can be sought under Section        A
  24(2) by such incumbents to obtain the land. The declaration
  that acquisition has lapsed under the 2013 Act is to get the
  property back whereas, the transaction once void, is always
  a void transaction, as no title can be acquired in the land as
  such no such declaration can be sought. It would not be legal,
                                                                      B
  just and equitable to give the land back to purchaser as land
  was not capable of being sold which was in process of
  acquisition under the 1894 Act. The 2013 Act does not confer
  any right on purchaser whose sale is ab initio void. Such
  void transactions are not validated under the 2013 Act. No
  rights are conferred by the provisions contained in the 2013        C
  Act on such a purchaser as against the State.
  22. “Void is, ab initio,” a nullity, is inoperative, and a person
  cannot claim the land or declaration once no title has been
  conferred upon him to claim that the land should be given
  back to him. A person cannot enforce and ripe fruits based          D
  on a void transaction to start claiming title and possession of
  the land by seeking a declaration under Section 24 of the
  2013 Act; it will amount to conferment of benefit never
  contemplated by the law. The question is, who can claim
  declaration/rights under Section 24(2) for the restoration of
  land or lapse of acquisition. It cannot be by a person with no      E
  title in the land. The provision of the 2013 Act cannot be said
  to be enabling or authorising a purchaser after Section 4 to
  question proceeding taken under the Act of 1894 of taking
  possession as held in U.P. Jal Nigam [U.P. Jal Nigam v. Kalra
  Properties (P) Ltd., (1996) 3 SCC 124] which is followed in         F
  M. Venkatesh [M. Venkatesh v. BDA, (2015) 17 SCC 1 : (2017)
  5 SCC (Civ) 387] and other decisions and consequently claim
  declaration under Section 24 of the 2013 Act. What cannot
  be done directly cannot be permitted in an indirect method.
  23. The provisions of the 2013 Act aimed at the acquisition of      G
  land with least disturbance to the landowners and other
  affected families and to provide just and fair compensation
  to affected families whose land has been acquired or proposed
  to be acquired or are affected and to make adequate
  provisions for such affected persons for their rehabilitation
                                                                      H
318     SUPREME COURT REPORTS                        [2023] 7 S.C.R.


A     and resettlement. The provisions of the 2013 Act aim at ousting
      all inter-meddlers from the fray by ensuring payment in the
      bank account of landholders under Section 77 of the Act.
      24. The intendment of the 2013 Act is to benefit farmers, etc.
      Subsequent purchasers cannot be said to be landowners
B     entitled to restoration of land and cannot be termed to be
      affected persons within the provisions of the 2013 Act. It is
      not open to them to claim that the proceedings have lapsed
      under Section 24(2).”
       26. In Manav Dharam Trust [State (NCT of Delhi) v. Manav
C     Dharam Trust, (2017) 6 SCC 751 : (2017) 3 SCC (Civ) 611] ,
      even the provisions of the Act of 2013 have not been taken
      into consideration, which prohibits such transactions in
      particular provisions of Section 11, including the proviso to
      Section 24(2). Apart from that, it was not legally permissible
      to a Division Bench to ignore the decisions of the larger Bench
D     comprising of three Judges and of coordinate Bench. They
      were not per incuriam and were relevant for deciding the issue
      of taking possession under the 1894 Act, at the instance of
      purchaser. In case it wanted to depart from the view taken
      earlier, it ought to have referred the matter to a larger Bench.
E     It has been ignored that when a purchase is void, then no
      declaration can be sought on the ground that the land
      acquisition under the 2013 Act has lapsed due to illegality/
      irregularity of proceedings of taking possession under the
      1894 Act. No declaration can be sought by a purchaser under
      Section 24 that acquisition has lapsed, effect of which would
F     be to get back the land. They cannot seek declaration that
      acquisition made under the 1894 Act has lapsed by the
      challenge to the proceedings of taking possession under the
      1894 Act. Such right was not available after the purchase in
      2000 and no such right has been provided to the purchasers
G     under the 2013 Act also. Granting a right to question
      acquisition would be against the public policy and the law
      which prohibits such transactions; it cannot be given effect
      to under the guise of subsequent legislation containing similar
      provisions. Subsequent legislation does not confer any new
      right to a person based on such void transaction; instead, it
H
GOVERNMENT OF NCT OF DELHI v. RAVINDER KUMAR                        319
       JAIN & ORS. [RAJESH BINDAL, J.]

  includes a provision prohibiting such transactions without        A
  permission of the Collector as provided in Section 11(4).
  27. Thus, we have to follow the decisions including that of
  larger Bench mentioned above, laying down the law on the
  subject, which still holds the field and were wrongly
  distinguished. The binding value of the decisions of larger       B
  and coordinate Benches have been ignored while deciding
  Manav Dharam Trust case [State (NCT of Delhi) v. Manav
  Dharam Trust, (2017) 6 SCC 751 : (2017) 3 SCC (Civ) 611] ,
  it was not open to it to take a different view. The decision in
  Manav Dharam Trust [State (NCT of Delhi) v. Manav Dharam
  Trust, (2017) 6 SCC 751 : (2017) 3 SCC (Civ) 611] is per          C
  incuriam in light of this decision of this Court in Mamleshwar
  Prasad v. Kanhaiya Lal [Mamleshwar Prasad v. Kanhaiya
  Lal, (1975) 2 SCC 232] , A.R. Antulay v. R.S. Nayak [A.R.
  Antulay v. R.S. Nayak, (1988) 2 SCC 602 : 1988 SCC (Cri)
  372] , State of U.P. v. Synthetics and Chemicals Ltd. [State of   D
  U.P. v. Synthetics and Chemicals Ltd., (1991) 4 SCC 139] , B.
  Shama Rao v. State (UT of Pondicherry) [B. Shama Rao v.
  State (UT of Pondicherry), AIR 1967 SC 1480] , MCD v.
  Gurnam Kaur [MCD v. Gurnam Kaur, (1989) 1 SCC 101] ,
  State of M.P. v. Narmada Bachao Andolan [State of M.P. v.
  Narmada Bachao Andolan, (2011) 7 SCC 639 : (2011) 3 SCC           E
  (Civ) 875 : AIR 2011 SC 1989] , Hyder Consulting (UK) Ltd.
  v. State of Orissa [Hyder Consulting (UK) Ltd. v. State of
  Orissa, (2015) 2 SCC 189 : (2015) 2 SCC (Civ) 38] and Sant
  Lal Gupta v. Modern Coop. Group Housing Society Ltd. [Sant
  Lal Gupta v. Modern Coop. Group Housing Society Ltd.,             F
  (2010) 13 SCC 336 : (2010) 4 SCC (Civ) 904]
  28. We hold that Division Bench in Manav Dharam Trust [State
  (NCT of Delhi) v. Manav Dharam Trust, (2017) 6 SCC 751 :
  (2017) 3 SCC (Civ) 611] does not lay down the law correctly.
  Given the several binding precedents which are available and      G
  the provisions of the 2013 Act, we cannot follow the decision
  in Manav Dharam Trust [State (NCT of Delhi) v. Manav
  Dharam Trust, (2017) 6 SCC 751 : (2017) 3 SCC (Civ) 611]
  and overrule it. Shri S.N. Bhatt, learned counsel submitted
  that in case this Court does not agree with the Manav Dharam
                                                                    H
320               SUPREME COURT REPORTS                        [2023] 7 S.C.R.


A              Trust [State (NCT of Delhi) v. Manav Dharam Trust, (2017) 6
               SCC 751 : (2017) 3 SCC (Civ) 611] , the case may be referred
               to the Hon’ble the Chief Justice of India under the provisions
               of Order 6 Rule 2 of the Supreme Court Rules, 2013. He has
               relied upon the decision of this Court in Vineeta Sharma v.
               Rakesh Sharma [Vineeta Sharma v. Rakesh Sharma, (2019)
B
               6 SCC 162 : (2019) 3 SCC (Civ) 171] in which, in view of the
               conflict of opinion of two Division Bench judgments [Prakash
               v. Phulavati, (2016) 2 SCC 36 : (2016) 1 SCC (Civ) 549] ,
               [Danamma v. Amar, (2018) 3 SCC 343 : (2018) 2 SCC (Civ)
               385] of this Court as to the interpretation of Section 6 of the
C              Hindu Succession Act, 1956 the matter was referred to the
               Hon’ble the Chief Justice of India, for constituting an
               appropriate Bench. However, in the instant case, the issue is
               different, whether we have to follow the decision in Manav
               Dharam Trust [State (NCT of Delhi) v. Manav Dharam Trust,
               (2017) 6 SCC 751 : (2017) 3 SCC (Civ) 611] or the earlier
D
               decisions of this Court mentioned above. It is apparent that
               the decisions of the three-Judge Bench are binding on us,
               and in view of other consistent decisions of this Court, we
               have to follow them. It is not appropriate to refer the case to
               larger Bench under Order 6 Rule 2 of the Supreme Court
E              Rules. We find no fault in the judgments laying down the law
               that the purchase after Section 4 notification is void as against
               the State. We are not impressed with the submission raised on
               behalf of the purchasers to refer the matter for the constitution
               of a larger Bench to the Hon’ble the Chief Justice. When
               decisions of larger Bench and other Division Bench are
F
               available, the case cannot be referred to a larger Bench.”
                                                            (emphasis supplied)
          8. The earlier judgment of this Court in State (NCT of Delhi) v.
      Manav Dharma Trust2 was held to be not laying down good law.
G           9. Subsequent thereto, Constitution Bench of this Court in Indore
      Development Authority v. Manoharlal and Others3 had reiterated
      the same legal position that a subsequent buyer of the property after

      2
          (2017) 6 SCC 751
      3
H         2020 SCC OnLine SC 316
  GOVERNMENT OF NCT OF DELHI v. RAVINDER KUMAR                                 321
         JAIN & ORS. [RAJESH BINDAL, J.]

issuance of the notification under Section 4 the 1894 Act has no locus to      A
invoke Section 24(2) of the 2013 Act. Reference can be made to the
relevant paragraph of the judgement.
       “340. …….. The beneficiaries i.e. landowners contemplated
       under the proviso to Section 24(2), are the ones who were so
       recorded as beneficiaries as on the date of issuance of                 B
       notification under Section 4 of the 1894 Act. The provision is
       not meant to be invoked on the basis of void transactions,
       and by the persons who have purchased on the basis of power
       of attorney or otherwise, they cannot claim the benefit under
       Section 24 as is apparent from the proviso to Section 24(2)
       and the decision in Shiv Kumar v. Union of India”.                      C

                                                      (emphasis supplied)
       10. In the case in hand it is the admitted position on record that
notification under Section 4 of 1894 Act was issued on 25.11.1980 and
the sale deed in favour of the respondent no. 1 was registered on              D
18.6.2003. Rather it is evident from the affidavit filed by the Land
Acquisition Collector in the High Court that the respondent no.1 purchased
the land from Behl Brothers vide registered sale deed dated 18.06.2003,
who had purchased the same from M/s. Ansal Housing and Estates (P)
Ltd. vide sale deed dated 09.06.1981, which itself was after the issuance
of notification under Section 4 of the 1894 Act on 25.11.1980. Hence,          E
the respondent will not have right to invoke jurisdiction of the High Court
to claim that the acquisition in question had lapsed in view of Section
24(2) of the 2013 Act.
       11. For the aforementioned reasons, the appeal is allowed. The
impugned order passed by the High Court is set aside and the writ petition     F
filed by the respondent No.1 in the High Court is dismissed.

Divya Pandey                                                 Appeal allowed.
(Assisted by : Roopanshi Virang, LCRA)
                                                                               G




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