Allowed

Warisuddin v. State of U.P. and 3 Others

Allahabad HC13 Feb 2020WRIC/27829/2018

Case brief

AI extract

What is this about?

Edit or amend applicable Fields. The High Court allowed an amendment application to change the prayer clause of a writ petition concerning unauthorized demolition and possession of property. The petition was subsequently disposed of with a direction for an enquiry.

What did the court decide?

The application for amendment was allowed. The writ petition was disposed of with a direction to the District Magistrate to place the application for enquiry before the District Level Committee.

Warisuddin Vs State of U.P. and 3 Others — Land Acquisition | Allahabad HC (2020)

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Court No. - 4

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Case :- WRIT - C No. - 27829 of 2018

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Petitioner :- Warisuddin Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rizwan Ahmad Siddiqui,Wasim Alam Counsel for Respondent :- C.S.C.

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Civil Misc. Amendment Application No. 04 of 2019.

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Hon'ble Bala Krishna Narayana,J.

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Hon'ble Shamim Ahmed,J.

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This is an application seeking amendment in the prayer clause of the writ petition.

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For the reasons given in the accompanying affidavit, this application is allowed.

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Learned counsel for the petitioner is permitted to amend the prayer clause during course of day.

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Order Date :- 13.2.2020 / HR

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Court No. - 4

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Case :- WRIT - C No. - 27829 of 2018 Petitioner :- Warisuddin Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rizwan Ahmad Siddiqui,Wasim Alam Counsel for Respondent :- C.S.C.

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Hon'ble Bala Krishna Narayana,J. Hon'ble Shamim Ahmed,J.

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Heard Sri Wasim Alam, learned counsel for the petitioner and learned Standing Counsel, who has accepted notice on behalf of respondent nos. 1 to 4.

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This writ petition has been filed with the following prayer to:-

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"i) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to demolish any part of the building / house of the petitioner except in accordance with law and after affording opportunity of hearing to the petitioner and on grounds available to the respondents under law.

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ii) Issue a writ, order or direction in the nature of mandamus restraining the respondent authorities from interfering in the peaceful possession of the petitioner over his own property as described in the writ petition.

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iii) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

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iv) Award the cost of the petition in favour of the petitioner."

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It is contended by learned counsel for the petitioner that the respondents have taken possession of the land of the petitioner by demolishing part of his building even without acquiring it and without paying any compensation to him.

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The Government Order dated 12.5.2016 provides that where complaints are received with regard to such unauthorized possession of the land, the Committee headed by Additional District Magistrate (Finance & Revenue) would consider the matter and submit its report within two months to the District Magistrate, whereupon, he will take an appropriate decision in accordance with law.

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In view of the aforementioned Government Order dated 12.5.2016, in case the petitioner files an application within two months, we direct the District Magistrate, Fatehpur to place the said application for proper enquiry before the District Level Committee and on receipt of the report from it to pass an appropriate order in accordance with law, expeditiously. The above exercise would be completed by the respondent no. 2 within a period of two months from the date of production of certified copy of this order. In case, the petitioner is found entitled to any compensation, the same shall be paid to him within a period of two months from the date on which the respondent no. 2 takes decision on the petitioner's application.

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With the aforesaid observations, the writ petition stands disposed of.

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Order Date :- 13.2.2020 / HR

Warisuddin v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Warisuddin v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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