Ram Kumar & Others vs Union Of India Ministry Of Defence ...
2017 Latest Caselaw 6251 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - C No. - 6241 of 2005
 

 
Petitioner :- Ram Kumar & Others
 
Respondent :- Union Of India Ministry Of Defence & Ors.
 
Counsel for Petitioner :- Anjani Kumar Mishra,S.K. Tiwari,Satyam Singh
 
Counsel for Respondent :- S.S.C.,K.C.Sinha,Sandeep Saxena
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Saral Srivastava,J.

The dispute in this writ petition that has been raised is about occupation of the land by the respondents without there being any acquisition. The petitioners have asserted that when a report was called for on the objections raised by the petitioners, the Lekhpal and the Revenue Inspector submitted a report copy whereof is Annexure-6 to the writ petition, where it has been stated that the plots in dispute are within the boundary of the Air Force establishment and consequently no demarcation or measurement can be carried out.

The Union of India and the respondents have filed a counter affidavit and in paragraph no. 5 thereof it has been asserted that the Air Force Authorities as well as respondent no. 3 have requested the District Magistrate and the Revenue Authorities of Kanpur Nagar to associate in a joint demarcation of the said land as claimed in the writ petition but such request went in vain. Copies of the letter dated 10th December, 2014 and 17th August 2014 have been filed as Annexure- Nos. 4 and 5 to the counter affidavit of the said respondents.

It appears that the matter was heard by a Division Bench on 13.09.2017 and the petitioners had been called upon to implead the of State of U.P and the District Magistrate/ Collector Kanpur Nagar, as the respondents who have been impleaded and arrayed as respondents no. 7 and 8. Notices have been accepted by the learned Standing Counsel on their behalf.

In the back ground aforesaid, the learned Standing Counsel may call upon the respondent no. 8 to file an affidavit as to what action was taken in response to the letter dated 10th December, 2014 and 17th August, 2015 that have been filed as Annexure-4 and Annexure-5 to the counter affidavit of the respondents no. 1 to 3. Learned counsel for the petitioner may supply a copy of the said counter affidavit to the learned Standing Counsel during the course of the day for necessary action. The affidavit be filed within two weeks.

List immediately thereafter.

Order Date :- 3.11.2017

Ishan