Vimlesh vs State Of U.P. And 4 Others
2023 Latest Caselaw 123 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - C No. - 36284 of 2022
 

 
Petitioner :- Vimlesh
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Ramesh Kumar Saxena
 
Counsel for Respondent :- C.S.C.,Anand Prakash Paul
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Vipin Chandra Dixit,J.

Sri Anand Prakash Paul, learned counsel appears for the Development Authority.

This is third round of litigation filed by the petitioner herein seeking for the following reliefs:-

"issue a writ, order, rule or direction in the nature of certiorari quashing the entire acquisition proceedings of Araji nos. 434-A and 434-B situate in Village Tatiya Bhagwant, Post Shyam Nagar, Tehsil Sadar, District Kanpur Nagar.

ii. issue a writ, order, rule or direction in the nature of mandamus commanding the respondents to pay compensation to the petitioner and to other recorded tenure holders."

In the first and second round of litigation filed by the father of the petitioner and the petitioner herein in Writ-C Nos.11262 of 2004 and 65833 of 2011 respectively, the prayer for quashing of the proceedings of acquisition of Arazi No.434-A in the year 1962-63 has been turned down. It was noted in the judgment and order dated 22.11.2011 passed by the writ court in the writ petition filed by the petitioner in the year 2011 that the relief, for which the earlier writ petition was filed by the father of the petitioner, was substantially the same relief.

Noticing the above, we find that the present writ petition is nothing but misuse of the process of law. We, therefore, dismiss the writ petition with cost of Rs.10,000/- which shall be deposited by the petitioner before the Registrar General, High Court, Allahabad within two weeks from today, failing which, the same shall be realized as arrears of land revenue.

Order Date :- 2.1.2023

P.P.