Sarda And Others vs State Of U.P. And Others
2017 Latest Caselaw 4302 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - C No. - 50109 of 2011
 

 
Petitioner :- Sarda And Others
 
Respondent :- State Of U.P. And Others
 
Counsel for Petitioner :- Pankaj Dubey,J.P. Pandey,Rajesh Kumar Dubey,Ram Surat Saroj
 
Counsel for Respondent :- C.S.C.,Ramendra Pratap Singh
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Rajiv Lochan Mehrotra,J.

In Ref :  Civil Misc.( Withdrawal ) Application No. 284885 of 2017.

This application has been filed to withdraw the earlier Withdrawal  Applications filed on behalf of the petitioners. They remained undisposed of.The said applications are the Civil Misc. Withdrawal Application No. 15816 of 2012, Civil Misc. Withdrawal Application No. 284904 of 2015 and Civil Misc.Withdrawal application No. 269981 of 2015.

The present application has been filed praying that the aforesaid Withdrawal Applications be permitted to be withdrawn and the writ petition be heard on merits.

Having heard  learned counsel for the petitioners  and  Sri Rajesh  Kumar  Dubey, learned Standing Counsel appearing for the respondent nos. 1 and 2 and no objection having been taken from the learned counsel,who earlier had earlier filed the Withdrawal application, we allow this application and reject all the Withdrawal Applications as aforesaid.

The writ petition shall now  be heard on merits.

Order Date :- 13.9.2017

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Case :- WRIT - C No. - 50109 of 2011

Petitioner :- Sarda And Others

Respondent :- State Of U.P. And Others

Counsel for Petitioner :- Pankaj Dubey,J.P. Pandey,Rajesh Kumar Dubey,Ram Surat Saroj

Counsel for Respondent :- C.S.C.,Ramendra Pratap Singh

Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Rajiv Lochan Mehrotra,J.

In Re :  Civil Misc.( Withdrawal ) Application No. 269981 of 2015.

For order, see order of date passed on Civil Misc. Withdrawal Application No. 284885 of 2017.

Order Date :- 13.9.2017

aks

.

Case :- WRIT - C No. - 50109 of 2011

Petitioner :- Sarda And Others

Respondent :- State Of U.P. And Others

Counsel for Petitioner :- Pankaj Dubey,J.P. Pandey,Rajesh Kumar Dubey,Ram Surat Saroj

Counsel for Respondent :- C.S.C.,Ramendra Pratap Singh

Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Rajiv Lochan Mehrotra,J.

In Ref :  Civil Misc.( Withdrawal ) Application No. 284905 of 2015.

For order, see order of date passed on Civil Misc.withdrawal Application No. 284885 of 2017.

Order Date :- 13.9.2017

aks

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Case :- WRIT - C No. - 50109 of 2011

Petitioner :- Sarda And Others

Respondent :- State Of U.P. And Others

Counsel for Petitioner :- Pankaj Dubey,J.P. Pandey,Rajesh Kumar Dubey,Ram Surat Saroj

Counsel for Respondent :- C.S.C.,Ramendra Pratap Singh

Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Rajiv Lochan Mehrotra,J.

In Ref :  Civil Misc.( Withdrawal ) Application No. 15816 of 2012.

For order, see order of date passed on Civil Misc.withdrawal Application No. 284885 of 2017.

Order Date :- 13.9.2017

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Case :- WRIT - C No. - 50109 of 2011

Petitioner :- Sarda And Others

Respondent :- State Of U.P. And Others

Counsel for Petitioner :- Pankaj Dubey,J.P. Pandey,Rajesh Kumar Dubey,Ram Surat Saroj

Counsel for Respondent :- C.S.C.,Ramendra Pratap Singh

Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Rajiv Lochan Mehrotra,J.

Heard  learned counsel for the petitioners, Sri Rajesh Kumar Dubey, learned Standing counsel appearing for the respondent nos.1 and 2 and Sri Ramendra Pratap Singh, who has  filed supplementary affidavit on behalf of the respondent no. 3 today.

The contention of the learned counsel for the petitioners is to the effect that the notifications under challenge in the present  writ petition are squarely covered by the decision of the Full Bench in the case of Gajraj and Others Vs.State of U.P. and Others reported in 2011(11) ADJ 1 . It has further been pointed by the learned counsel for the petitioners that this writ petition was also  connected with Civil Misc. Writ Petition No. 37443 of 2011 Gajraj and others Vs. State of U.P. and others (Supra) but by order dated 9th May 2013, this writ petition was directed to be listed before the appropriate Bench as  the reference had been answered. The order dated 9.5.2013 is extracted extracted herein under

"Heard learned counsel for the petitioner, Sri Ravindra Kumar, Sri Ramendra Pratap Singh for Greater Noida and Noida and the learned Standing counsel appearing for the State.

On a reference made by the Division Bench, this Full Bench was constituted and this Full Bench vide its judgment and order dated 21.10.2011 has already answered the reference and decided the issues before the Full Bench in Civil Misc. Writ Petition No. 37443 of2011, Gajraj and others Vs. State of U.P. and others (leading writ petition).

This writ petition was directed to be listed alongwith Civil Misc. Writ Petition No. 37443 of 2011 Gajraj and others Vs. State of U.P. and others (leading writ petition). We having already decided the leading writ petition by answering the reference, this writ petition be listed before regular appropriate Bench hearing such matter for consideration. Let this writ petition be listed before the regular appropriate Division Bench hearing such matters.

We further observe that in all the such writ petitions, where Hon'ble the Chief Justice or different Division Benches have passed the order for listing the writ petitions alongwith Civil Misc. Writ Petition No. 37443 of 2011 (Gajraj and others Vs. State of U.P. and others) (leading writ petition) shall now be listed before the regular appropriate Bench hearing such matters.".

It is urged that thereafter  similar writ petitions involving notifications have been disposed of by respective divisions benches and  the order passed in writ petition no. 49574 of 2011(Paimi and others Vs. State of U.P. and other dated 17.11.2016 as well as Writ petition no.50097 of 2011(Phiri and others Vs. State of U.P. and others decided on the same day have been placed before us to substantiate the  submissions on behalf of the petitioners.  .

Having considered  the same, we dispose of this writ petition directing  that the petitioners, except the petitioner nos. 11,20 and 25 who have  have already withdrawn their writ petitions, shall also be entitled to the benefit of the order passed in Gajraj and others(supra) on the same terms.

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Order Date :- 13.9.2017

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Case :- WRIT - C No. - 50109 of 2011

Petitioner :- Sarda And Others

Respondent :- State Of U.P. And Others

Counsel for Petitioner :- Pankaj Dubey,J.P. Pandey,Rajesh Kumar Dubey,Ram Surat Saroj

Counsel for Respondent :- C.S.C.,Ramendra Pratap Singh

Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Rajiv Lochan Mehrotra,J.

In Re: Civil Misc. (Intervening ) Application No. 281856 of 2017.

Heard Sri D.K. Mishra, learned counsel for the intervenor. This application even though has been filed under section 151 of C.P.C. is relatable to Chapter XXII Rule 5A of the High Court Rules, 1952.

Learned counsel for the applicants contend that the applicants are co-tenure holders of the land recorded which is recorded in the name of petitioners no.8,14,18,22, and 23 and therefore, they are also entitled to the same benefits even though they have not filed their separate writ petition.

Having heard learned counsel for the applicants, learned counsel for the petitioner and  the learned counsel for the contesting respondent, this application stands disposed of with the observation that in the event, the applicants are co-tenure holders and on verification, if they are found to be so, the State Authorities and the respondent no. 3 shall proceed to consider to extend the same benefit that has been extended to the petitioners in the judgement delivered today subject to deposit of Court fee by each of the applicants within two weeks from today.

Order Date :- 13.9.2017

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