Ashiq Ali & 2 Others vs State Of U.P. & 3 Others
2014 Latest Caselaw 4530 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 

 
Case :- WRIT - C No. - 42302 of 2014
 

 
Petitioner :- Ashiq Ali & 2 Others
 
Respondent :- State Of U.P. & 3 Others
 
Counsel for Petitioner :- Pradeep Chauhan
 
Counsel for Respondent :- C.S.C.,Avanish Mishra
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Vivek Kumar Birla,J.

A supplementary affidavit has been filed today bringing on record the revenue entry indicating therein that the land was recorded in the name of Mangali,  father of the petitioners particularly Plot no. 104.

The dispute raised by the petitioners is that the acquisition of the land stood annulled in view of the law declared by this Court in the Writ Petition No.66471 of 2005 (Mahavir Sahkari Avas Samiti Ltd. Vs State of U.P. and others) decided on 26.09.2010. A copy of the same has been filed on record. Learned counsel submits that in spite of the land having been declared to be free of all encumbrances as the acquisition has lapsed under Section 11-A of the 1894 Act, the land has not been returned back to the petitioners.

Sri Avanish Mishra, learned counsel for the Kanpur Development Authority and the learned Standing Counsel for the respondent nos.1, 2 and 3 pray for time to file their  response.

Three weeks' time is granted

List immediately thereafter.

Order Date :- 19.8.2014

Ajay