Omprakash And Others vs State Of U.P. And Others
2012 Latest Caselaw 5832 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 

 
Case :- WRIT - C No. - 52432 of 2012
 

 
Petitioner :- Omprakash And Others
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Pankaj Dubey
 
Respondent Counsel :- C.S.C.,Shivam Yadav
 

 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Het Singh Yadav,J.

    Supplementary Affidavit, as mentioned in the Order dated 9th October, 2012 read with the Order dated 1st November, 2012, has been filed today on behalf of the petitioners.

    Shri Pankaj Dubey, learned counsel for the petitioners refers to the Notification dated 16th April, 2008 issued under Section 4 read with Section 17 of the Land Acquisition Act, 1894 and also Declaration dated 16th June, 2008 issued under Section 6 of the said Act, and submits that the Plot in question, namely, Plot No. 433-M, has not been acquired.

    Shri Pankaj Dubey, learned counsel for the petitioners further refers to the averments made in Paragraph 4 of the Writ Petition and submits that despite no acquisition having been done in respect of the Plot in question, the Officers and Employees of the respondent no.3 are trying to interfere with the possession of the petitioners.

    Shri Shivam Yadav, learned counsel for the respondent no.3, on the basis of instructions received by him, states that the Plot in question has not been acquired under the Land Acquisition Act, 1894, and no interference is being done by the respondent no.3 with the possession of the petitioners.

    In view of the statement made by Shri Shivam Yadav, learned counsel for the respondent no.3, no further orders are required to be passed in the present Writ Petition.

    The Writ Petition stands disposed of accordingly.

Order Date :- 3.12.2012

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