Abdul Rashid vs State Of U.P. Thru. Dept. Of Urban ...
2014 Latest Caselaw 8222 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - C No. - 9672 of 2010
 

 
Petitioner :- Abdul Rashid
 
Respondent :- State Of U.P. Thru. Dept. Of Urban Land Ceiling & Ors.
 
Counsel for Petitioner :- Atul Kr. Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Shashi Kant,J.

It is the case of the petitioner that notice under Section 10(5) of the Act has not been issued. The petitioner has neither given voluntary possession nor the possession has been taken by the respondents under Section 10(6) of the Act. In para-8 of the counter affidavit it is stated that there is no record regarding service of notice issued under Section 10(5) of the Act, available on record of the proceedings. It is further stated that the copy of the said notice was also sent to the Collector for taking over the possession of the land from the returnee and it appears that on receipt of the copy of the said notice, the Revenue Authorities incorporated the name of the State in the revenue record as is evident from the extract of Khasra of 1414 Fasli. There is no averment in the counter affidavit that the possession has been given voluntary after the order passed under Section 10(3) of the Act or after the issue of alleged notice under Section 10(5) of the Act, or forceful possession has been taken under Section 10(6) of the Act.

The matter relates to Allahabad. Let the learned Standing Counsel produce the record of the case day after tomorrow.

Put up day after tomorrow.

Order Date :- 11.11.2014

OP