# M/s Prasad Industries, Shahjahanpur & others v. D.M./Collector and others - **Citation:** (2001) 1 ILRA 177 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2001 - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/m-s-prasad-industries-shahjahanpur-others-v-d-m-collector-and-others-39056 - **Pages:** 3 ## Text 1All] M/s Prasad Industries, Shahjahanpur & others V. .D.M./Collector and others 177 (2) The Legislature of a State may, by law, provide- (a) for the representation in a municipality of- (i) Persons having special knowledge or experience in Municipal administration; (ii) The members of the House of the People and the members of he Legislative Assembly of the State representing constituencies which comprise wholly or partly the Municipal area; (iii) The members of the Counsel of States and the members of the Legislature of the State registered as electors within the Municipal area; (iv) The Chairpersons of the committees constituted under Clause (5) of Article 243 S." Provided that the persons referred to in paragraph (I) shall not have the right to vote in the meetings of the Municipality (b) the manner of election of the Chairperson of a Municipality" 13. In view of the provisions of law as noted above, we are of the view that the Stat Legislature was competent to legislate for fixing the age of President for contesting the election and the provisions under the Municipalities Act fixing the age limit at 30 years for the post of President is not violative of any fundamental right of the petitioner. 14. That apart the other arguments advanced on behalf of the petitioner also we do not find any substance. There is no merit in the Writ Petition and it is, accordingly, dismissed. Petition Dismissed. 25,*,1$/ -85,6',&7,21 25,*,1$/ -85,6',&7,21 &,9,/ 6,'( &,9,/ 6,'( '$7(' $//$+$%$' 129(0%(5 '$7(' $//$+$%$' 129(0%(5 %()25( %()25( 7+( +21·%/( %,12' .80$5 52< 7+( +21·%/( %,12' .80$5 52< - - 7+( +21·%/( 6. -$,1 - 7+( +21·%/( 6. -$,1 - &LYLO 0LVF :ULW 3HWLWLRQ 1R RI 06 3UDVDG ,QGXVWULHV $OODKJDQM 6KDKMDKDQSXU RWKHUV 3HWLWLRQHUV 9HUVXV 'LVWULFW 0DJLVWUDWH &ROOHFWRU 6KDKMDKDQSXU RWKHUV «2SS 3DUWLHV &RXQVHO IRU WKH 3HWLWLRQHUV 6UL .0/ +DMHOD &RXQVHO IRU WKH 5HVSRQGHQWV 6PW 6DULWD 6LQJK 6& &RGH RI &LYLO 3URFHGXUH 6;, 5HV -XGLFDWD&RQVWUXFWLYH UHV -XGLFDWD $SSOLFDELOLW\ WR ZULW SHWLWLRQV (VWRSSDO :DLYHU $FTXLHVFHQFH +HOG 3DUD $SSDUHQWO\ WKH SUD\HUV PDGH E\ WKH SHWLWLRQHUV LQ WKLV ZULW SHWLWLRQ ZKLFK ZHUH DOVR PDGH LQ WKH HDUOLHU ZULW SHWLWLRQ ZHUH QRW JUDQWHG 7KXV WKLV ZULW SHWLWLRQ IRU WKH VDPH UHOLHI¶V ZKLFK LV VHFRQG RQH LQ WKH DEVHQFH RI JUDQW RI OHDYH WR WKH SHWLWLRQHUV WR WKH VXH DIUHVK EDUUHG E\ WKH SULQFLSOH RI UHV MXGLFDWD FRQVWUXFWLYH UHV MXGLFDWD LQ YLHZ RI WKH UDWLR GHFLGHQGL ODLG GRZQ E\ WKH +RQ¶EOH 6XSUHPH &RXUW LQ 6DUJXMD 7UDQVSRUW 6HUYLFH 9V 6WDWH 7UDQVSRUW $SSHOODWH 7ULEXQDO ZDOLRU DQG RWKHUV $,5 6XSUHPH &RXUW EHVLGHV RQ WKH JURXQGV RI HVWRSSHO ZDLYHU DFTXLHVFHQFH DQG DEDQGRQPHQW DQG WKXV WKLV ZULW SHWLWLRQ LV GLVPLVVHG EXW ZLWKRXW FRVW &DVH UHIHUUHG $,5 6& INDIAN LAW REPORTS ALLAHABAD SERIES [2001 178 By the Court 1. Petitioner No. 1 M/s Prasad Industries, and Petitioner Nos. 2 to 4 who are its partners, have come up with a prayer to quash the entire recovery proceedings initiated at the instance of Respondent No. 3, Deputy Regional Marketing Officer, Shahjahanpur, through Respondent Nos. 1 and 2 for realisation of Rs.19,36,784=40 paise from them as arrears of land revenue under the provisions of the Rules framed under the U.P.Z.A. & L.R.Act,1951 and to command them not to realize the said amount from them. 2. Paragraphs 29 and 42 of this writ petition reads thus:- "29. That the petitioner ultimately filed a writ petition no. 21812 of 1994 for a writ of Certiorari for quashing the citation dated 31.5.1994 and also for a writ of Mandamus that the amount of Rs.1936,784=40p. be not realized from the petitioners in lump-sum. x x x x 42. That this Hon'ble Court finally disposed of the said writ petition no. 21812 of 1994 by order dated 30.9.1994 permitting the petitioners to pay the amount in dispute in installments. The first Installment was required to be paid by 31.3.1995. 3. Sri Hajela learned counsel appearing on behalf of the petitioners, shows us the order dated 30.9.1994 by which the earlier writ petition was disposed by this Court. It is useful to reproduce that order:- "This an application by the petitioners seeking installments of Rs.2 lakhs of three months each. Learned counsel for the petitioners submits that the applicants are willing to repay the entire out-standing amount as mentioned in the impugned citation dated 31.5.1994 (Annexure - 15A to the writ petition), provided reasonable instalments are made.. Hearing of the case has been expedited as prayed by the petitioner. Both learned counsel for the parties agree to take up the matter today itself. Ordinarily, we would not have interfered in such matter as the liability has not been denied, but as Sri S.K. Srivastava, the learned Standing Counsel has no objection to the installments being granted, provided the petitioners deposit half of the impugned amount upto 31.3.1995 and pay the balance amount in monthly instalments of rupees 1 lakh each, we dispose of the writ petition finally with the observations that further recovery proceedings pursuant to the impugned citation dated 31.5.1994 (Annexure-15-A to the writ petition), will remain stayed, provided the petitioners deposit half of the amount as mentioned in the aforesaid impugned citation upto 31.3.1995, and thereafter continue to deposit monthly instalments of Rs. 1 lach each. The first instalment shall be paid by the petitioners on or before 30.4.1995 and the remaining instalments shall be paid on or before the last date of each succeeding month. In case for default of any such condition, the respondents will be free to proceed against the petitioners." 4. From a bare perusal of the aforementioned order it is crystal clear that the petitioners had not pressed their prayers either for quashing of the proceedings and/or for restraining the 1All] The C/M, S.R.J. Intermediate College & another V. The D.E. and others 179 Respondent from proceeding further with the proceedings, rather the only prayer which they made was to fix instalments so that they could clear off the dues sought to be recovered which was allowed on certain terms and conditions. It appears from the submissions made at the Bar that the petitioners failed to comply with the terms and conditions imposed by this Court. 5. Apparently, the prayers made by the petitioners in this writ petition, which were also made in the earlier writ petition, were not granted. Thus, this writ petition for the same relief's, which is second one, in the absence of grant of leave to the petitioners to sue afresh is barred by the principle of res judicata/constructive res judicata in view of the ratio decidentdi laid down by the Hon'ble Supreme Court in Sarguja Transport Service v. State Transport Appellate Tribunal, Gwalior and others AIR 1987 Supreme Court 88 besides on the grounds of estoppel, vaiver, acquiescence and abandonment and thus, this writ petition is dismissed, but without cost. 6. When we pointed out the aforementioned legal position Sri Hajela, learned counsel for the petitioners, very fairly accepted it and thus we do not impose cost on the petitioners. Petition Dismissed. 25,*,1$/ -85,6',&7,21 25,*,1$/ -85,6',&7,21 &,9,/ 6,'( &,9,/ 6,'( '$7(' $//$+$%$' '$7(' $//$+$%$' %()25( %()25( 7+( +21·%/( 23 *$5* - 7+( +21·%/( 23 *$5* - &LYLO 0LVF :ULW 3HWLWLRQ 1R RI 7KH &RPPLWWHH RI 0DQDJHPHQW 6UL 5DP -DQNL ,QWHUPHGLDWH &ROOHJH DQG $QRWKHU «3HWLWLRQHUV 9HUVXV 7KH 'LUHFWRU RI (GXFDWLRQ 8WWDU 3UDGHVK DQG RWKHUV «5HVSRQGHQWV &RXQVHO IRU WKH 3HWLWLRQHUV 6KUL $QDQG .XPDU *XSWD 6KUL 5DNHVK .XPDU 6KUL 56 0LVUD &RXQVHO IRU WKH 5HVSRQGHQWV 6& 'U 5* 3DGLD 6KUL 3 3DGLD 6KUL 6. /DO 6KUL $ .XPDU 6KUL 5DNHVK .XPDU &RQVWLWXWLRQ RI ,QGLD $UWLFOH ± 3HWLWLRQ ILOHG E\ ROG &RPPLWWHH RI 0DQDJHPHQW IRU UHPRYDO RI SULQFLSDOV 1HZ &RPPLWWHH RI 0DQDJHPHQW DGRSWLQJ UHVROXWLRQ WR ZLWKGUDZ :ULW 3HWLWLRQ ± 0DLQWDLQDELOLW\ ± /RFXV VWDQGL +HOG ± 3DUDV DQG 7KH IDFW UHPDLQV WKDW WKH UHVSRQGHQW 1R KDV EHHQ ZRUNLQJ RQ WKH SRVW RI 3ULQFLSDO LQ VSLWH RI WKH 2UGHU RI GLVPLVVDO 3DVVHG LQ WKH