Nasir Khan vs D.D.C. And 3 Ors.
2014 Latest Caselaw 4095 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 
Case :- WRIT - B No. - 40112 of 2014
 
Petitioner :- Nasir Khan
 
Respondent :- D.D.C. And 3 Ors.
 
Counsel for Petitioner :- Rajiv Lochan Shukla
 
Counsel for Respondent :- C.S.C.,S.K. Tripathi
 

 
Hon'ble Anjani Kumar Mishra,J.

Heard learned counsel for the petitioner and learned standing counsel for the State-Respondents.

Sri SK Tripathi, who has filed caveat on behalf of one Paras Nath Chaubey, who is not party in the proceedings at any stage is present. 

It has been submitted by the counsel for the petitioner that initially an area of 0.023 Hect. has been reserved for drain. Subsequently, this area was valued and included in the chak of the petitioner, which order has been set aside by the orders impugned in the petition and  in the process an area of 0.040 Hect has been reserved for drain. It is, therefore, submitted that at best 0.023 Hect could have been reserved for that purpose and by enhancing the area to 0.040 Hect, the court below have committed patent illegality.

The matter requires consideration.

The learned standing counsel may file counter affidavit within three weeks.

Issue notice to respondent no. 4 by registered post AD. Steps be taken within a week.

List this matter on the date fixed on the notice to be issued to respondent no. 4.

Until further orders, the effect and operation of the impugned order dated 30.6.2014 and 8.7.2011 shall remain stayed. However, it will be open for Paras Nath Chaubey to file an application for impleadment as respondent in the writ petition,  if so advised.

Order Date :- 6.8.2014

SKS