Smt. Moola Devi & Others vs State Of U.P. Thru' Secy. & Others
2017 Latest Caselaw 6324 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - C No. - 58017 of 2005
 

 
Petitioner :- Smt. Moola Devi & Others
 
Respondent :- State Of U.P. Thru' Secy. & Others
 
Counsel for Petitioner :- K.K. Tripathi,Ram Gopal Tripathi
 
Counsel for Respondent :- C.S.C.,A.K. Singh,M.C.Tripathi,Pradeep Kumar Tripathi
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Saral Srivastava,J.

A supplementary affidavit on behalf of the State is stated to have been filed which is dated 4th July, 2017. The same is not on record. Office is directed to trace it out and place it on record. During the course of the argument it has been pointed out by Sri Ram Gopal Tripathi, that there is an earlier survey in relation to the status of the possession of the land, the physical verification whereof was carried out in the year 2015. The report and the extract of the said survey pertaining to the disputed plots of the petition have been filed as Annexure No. 3 to the rejoinder affidavit dated 26.11.2015 filed in response to the counter affidavit of the Kanpur Development Authority.

This  document was not filed in response to the counter affidavit of the State.

However, since the aforesaid document is on record, it would be appropriate that the learned Standing Counsel with the aid of the said rejoinder affidavit calls upon the State authorities to file another supplementary counter affidavit particularly with regard to the assertion relating to possession made by the petitioner and the documents filed in support thereof in the said affidavit within three weeks.

List  immediately after three weeks.

Order Date :- 3.11.2017

Ishan