Dismissed¶13

Savita Chandra Dwivedi and Another v. State of U.P. and 4 Others

Allahabad HC17 Nov 2020WRIC/37165/2018

Case brief

AI extract

What is this about?

Nazul plot no. 555 Qasba Bindaki Fatehpur; free hold deed execution; writ of mandamus to District Magistrate/Collector; lessee status not established on record; rent receipts for Kiosk (temporary shops); shops removed from spot; protection of possession application 23.10.2018; writ petition dismissed; bench: Sunita Agarwal and Jayant Banerji (JJ); order date 17.11.2020.

What did the court decide?

Nothing on record indicates that the petitioners are lessees of Nazul plot no. 555; the annexed receipts show only that some rent was being paid for the Kiosk (temporary shops) established over the plot. ¶9

Savita Chandra Dwivedi and Another Vs State of U.P. and 4 Others — Allahabad HC (2020) — LawSathi Research

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Court No. - 34

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Case :- WRIT - C No. - 37165 of 2018

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Petitioner :- Savita Chandra Dwivedi And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Chandra Shekhar,Rajesh Kumar Dubey,Sudheer Rana Counsel for Respondent :- C.S.C.,Om Prakash

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Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Jayant Banerji,J.

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Heard learned counsel for the parties and perused the record.

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By means of the present petition, the petitioners seek a writ of mandamus commanding the District Magistrate/Collector of District Fatehpur to decide the application dated 5.10.2018 submitted by the petitioner for execution of the free hold deed pertaining to the land ad-measuring 20 ft. X 20 ft. portion of Nazul land plot no. 555 situated in Qasba Bindaki, District Fatehpur, in accordance with law and rules, within a reasonable time fixed by the Court. The other two prayers are as under:-

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"ii. issue a writ, order or direction in the nature of writ of mandamus commanding to the respondent authorities to not to evict/ dispossess the petitioners from their allotted shops existing over 20 ft. X 20 ft. portion of Nazul plot No. 555, Kasba Bindaki, Fatehpur in the process otherwise then in due course of law, and to allow the writ petition with cost.

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iii. issue a writ, order or direction in the nature of writ of ad-interim mandamus commanding to the respondent authorities to attend the application/representation of petitioners dated 5.10.2018 for free hold and application dated 23.10.2018 for protection of possession within reasonable time to secure the ends of justice."

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On a pointed query made by this Court as to how the petitioners can be said to be lessees of a Nazul plot, in a portion of which they have established their shops, no answer could be given by the learned counsel for the petitioners. There is nothing on record which would indicate that the petitioners are lessee of Nazul plot no. 555, Qasba Bindaki, District Fatehpur. The receipts appended as annexure nos.'1 and 2' to the writ petition only show that some rent was being given by the petitioners for the Kiosk (temporary shops) established over the Nazul plot.

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Learned counsel for the respondent, on the other hand, states that the shops in question have been removed from the spot.

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Be that as it may, for the aforesaid, no mandamus can be issued to execute the free hold deed of Nazul plot in favour of the

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petitioners.

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The writ petition is, accordingly, dismissed.

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Order Date :- 17.11.2020 A. V. Singh

Savita Chandra Dwivedi and Another v. State of U.P. and 4 Others

Case brief

What is this about?

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Savita Chandra Dwivedi and Another v. State of U.P. and 4 Others

Case brief

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