Writ petition regarding alleged land acquisition for road construction was disposed of by the court, noting a pending impleadment application and stating a settled legal principle regarding deprivation of property.
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Court No. - 37
Case :- WRIT - C No. - 40879 of 2019
Petitioner :- Raj Kumar Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Ravi Nath Tilhari,J.
Impleadment application dated 10.12.2019, filed today, is taken on record and is allowed. Necessary impleadment be made in the array of the parties to the writ petition.
The office is directed to allot a number to the impleadment application.
The petitioners claim that their land is being utilized for construction of road. The petitioners have filed a khatauni of 1424-1429 fasli where their plot number is mentioned as "697".
An impleadment has been filed by one of the villagers to claim that on the said plot there already exits a tube-well and an approach road to that tube-well, which the petitioners are claiming on their land.
We have considered the submissions of learned counsel for the petitioners.
It is settled principle of law that no State Authority will deprive of an individual of his right on the property in question except with due process of law.
With the aforesaid observation, the writ petition is disposed of.
Order Date :- 16.12.2019 Sunil Kr. Gupta
(Ravi Nath Tilhari, J.) (Abhinava Upadhya, J.)
Raj Kumar Singh
Another
State Of U.P.
Abhinava Upadhya
Ravi Nath Tilhari
As recorded by the court registry
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