Momin Vs State of U.P. and Another

Court No. - 29

Case :- WRIT - C No. - 31346 of 2019

Petitioner :- Momin Respondent :- State Of U.P. And Another Counsel for Petitioner :- Ashiyam Nasir,Shabeena Begum Counsel for Respondent :- C.S.C.

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Hon'ble Pankaj Mithal,J. Hon'ble Vivek Agarwal,J.

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Heard learned counsel for the petitioner and the learned Standing counsel for the respondents.

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The Additional Collector, Kanpur Nagar Ghaziabad vide order dated 17.4.2019 held that the land of khata no. 303 gata no. 507 area 0-13-6 had vested in the State of U.P., under Section 167 of the U.P. Z.A. and LR Act, 1950 and the petitioner was directed to remove their possession therefrom within 15 days.

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The aforesaid order appears to be final as on date. It is on the basis of the said order as probably petitioner refused to remove their possession therefrom that a notice dated 31.1.2019 has been issued to him requiring to pay damages of Rs. 2,18,400/-. The petitioner instead of filing any reply to the said show cause notice has straight away invoked the writ jurisdiction for quashing of the same.

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Since the petitioner has a remedy of filing objections and to contest the aforesaid notice, we do not deem it necessary to exercise our discretionary jurisdiction in the matter.

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Accordingly, the petition is disposed of with liberty to the petitioner to file his explanation or representation to the aforesaid show cause notice within a period of three weeks from today. In case any such representation/objection is filed, the same shall be considered and decided by the Assistant Collector/Tehsildar, Garhmukteshwar, District Hapur in accordance with law most expeditiously, if possible, within a period of three months from the date of its filing provided no final decision in the matter has been taken so far.

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The writ petition is disposed of accordingly.

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Order Date :- 23.10.2019 SKS

Momin v. State of U.P. and Another

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Momin v. State of U.P. and Another

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