Shiv Ganesh vs State Of U.P. And 2 Others
2023 Latest Caselaw 21275 ALL

Citation : 2023 Latest Caselaw 21275 ALL
Judgement Date : 8 August, 2023

Allahabad High Court

Shiv Ganesh vs State Of U.P. And 2 Others on 8 August, 2023

Bench: Ashwani Kumar Mishra, Syed Aftab Rizvi





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:159134-DB
 
Court No. - 46
 

 
Case :- WRIT - C No. - 67039 of 2013
 

 
Petitioner :- Shiv Ganesh
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Raj Karan Yadav, ,Pankaj Kumar Gupta,Sumit Kumar Srivastava
 
Counsel for Respondent :- C.S.C.,Ram Raj Singh,Yash Tandon
 

 
Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Syed Aftab Husain Rizvi,J.

(Ref:- C.M. Review/Recall Application No. 3 of 2018 & C.M. Delay Condonation Application No. 2 of 2018)

This petition was allowed after hearing the counsel for the petitioner and the State Counsel, in view of the finding returned that no material has been placed by the State in its counter affidavit to demonstrate that the possession was either handed over by the petitioner voluntarily or was taken over by use of force. No steps have been referred to in the State's counter affidavit of action under Section 10(6) of the Act. Benefit of Repeal Act, therefore, has been extended to the petitioner.

Review application has been filed after four years by the Prayagraj Development Authority on the ground that they are the custodian of land by virtue of Government Order issued on 7.6.2011, and therefore they were necessary parties.

The Government Order at best shows that the Development Authority would pursue the writs in respect of sealing surplus land. The Government Order at best also makes arrangement between the State and the Development Authority, with which the petitioner cannot be concerned, as the cause of action available to the petitioner was against the State. The State has contested the matter and no error apparent on the face of record is shown in the judgment of the Court. We, therefore, decline to review our judgment, at the instance of the Development Authority, in such circumstances.

Review application as well as delay condonation application are, accordingly, dismissed.

Order Date :- 8.8.2023

Anil