Jarnail Singh vs State Of U.P. And Others.
2022 Latest Caselaw 20656 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- WRIT - C No. - 3000091 of 1997
 

 
Petitioner :- Jarnail Singh
 
Respondent :- State Of U.P. And Others.
 
Counsel for Petitioner :- A.R.Masoodi,Nazim Ali Siddique
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Lavania,J.

Order on C.M. Application Nos. 2 of 2022 and 3 of 2022 (Applications for condonation of delay and recall).

Considering the facts stated in the affidavits filed in support of the applications, under consideration, the same are allowed.

Delay in filing the application for recall of the order dated 19.05.2022 is hereby condoned.

The order dated 19.05.2022, dismissing the writ petition as infructuous, is hereby recalled.

The writ petition is restored to its original number.

Order on C.M. Application Nos. 4 of 2022 and 5 of 2022 (Applications for condonation of delay and substitution).

Taking note of the facts stated in the affidavit filed in support of the application, under consideration, the same are allowed.

Delay in filing the application for substitution is hereby condoned.

Let the necessary substitution, as prayed for, be made during the course of the day.

Order on Writ Petition.

The present petition has been filed with the following reliefs:

"(i) Issue a writ, order or direction in the nature of prohibition restraining the Opposite Parties from resorting to coercive measures to dispossess the Petitioner from the land in question i.e. Ghata No.118-M measuring 14 Acres situated in Village Patihan, Pargana Palia, district Kheri pending disposal of this Writ Petition.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the Opposite Parties not to dispossess the Petitioner from the aforesaid land which has already been released in his favour under Section 11(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 vide judgment dated 26.12.1989 as affirmed by the Additional Commissioner (Judicial), Lucknow Mandal, Lucknow in his judgment dated 31.1.1997 pending disposal of this Writ Petition."

The Counsel for the petitioner argues that in similar circumstances, this Court had passed a similar order in Writ-C No.3000088 of 1997 on 11.02.2022.

Considering the fact that the averments in the present writ petition are similar to the one decided by this Court, the present writ petition is disposed off with a direction to the respondents that the petitioner shall not be evicted from the land in question except the following due process of law unless he has already been evicted from the land in question.

Order Date :- 12.12.2022

Arun/-