Ashur Singh vs State Of U.P.
2022 Latest Caselaw 3677 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 

 
Case :- WRIT - C No. - 1001730 of 1997
 

 
Petitioner :- Ashur Singh
 
Respondent :- State of U.P.
 
Counsel for Petitioner :- A.R.Masoodi,N.A. Siddiqui,Nazim Ali Siddique
 
Counsel for Respondent :- C.S.C.,Hari Om Rana,P.K. Srivastava,Smt. Shikha Srivastava
 

 
Hon'ble Pankaj Bhatia,J.

Order on C.M. Application No.44527 of 2021 (Substitution Application) and C.M. Application No.44526 of 2021 (Delay Condonation Application).

The present application has been filed seeking substitution on account of death of the sole petitioner who died during the pendency of the writ petition. The application is accompanied by a delay condonation application being C.M. Application No.44526 of 2021.

Considering the reasoning given in the delay condonation application, the delay condonation application is allowed. The delay is condoned.

The substitution application is allowed.

Let necessary incorporation be made in the array of parties 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 any proceedings of expunging the names of petitioner from the Revenue records and coercive measures against the petitioner to dispossess him from the plot in question i.e. Ghata No.316 measuring 13.33 acres situated at Gram Gajraura, Pargana Palia, District Kheri till disposal of the above 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 plot i.e. Ghata No.316 measuring 13.33 acres which has already been released in his favour by the appellate court vide judgment dated 02.01.1992 (contained in Annexure No.1 to 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 they have already been evicted from the land in question.

Order Date :- 20.5.2022

akverma