Court granted a stay restraining the State from dispossessing the petitioner or demolishing illegal constructions except in accordance with law after receiving a representation that no immediate action is proposed.
Petitioner shall not be dispossessed from subject land nor construction demolished except in accordance with law.
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Court No. - 21
Case :- WRIT - C No. - 19046 of 2022
Petitioner :- Rehana Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Surya Prakash Dubey,Ved Prakash Dubey
Counsel for Respondent :- CSC,Dharmendra Singh Chauhan
Hon'ble Manoj Kumar Gupta,J. Hon'ble Chandra Kumar Rai,J.
The instant writ petition has been filed praying for a mandamus commanding the respondents not to illegally encroach upon the land of the petitioner or to demolish the constructions made over it.
The case of the petitioner is that the respondents are trying to take possession of the petitioner's construction on the pretext that the same is falling under Ram Ganga Nagar Awasiya Yojana, Bareilly.
Sri D.S. Chauhan, learned counsel for the respondent Nos.3 and 4 obtained instructions from the State respondents and placed the same on record for our perusal. He submitted that the said land was not acquired land. He further submits that although the construction raised by the petitioner is illegal, but at present no action is proposed. He submitted that if any action is taken in future, opportunity of hearing will be given to the petitioner.
In view of the above statement, we dispose of the instant writ petition by providing that petitioner shall not be dispossessed from the subject land nor the construction demolished except in accordance with law.
Order Date :- 13.7.2022 PS
(Chandra Kumar Rai,J.) (Manoj Kumar Gupta,J.)
Digitally signed by PRITI SHARMA Date: 2022.07.14 18:31:29 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the petitioner shall be dispossessed from the subject land or demolition of construction ordered.
Whether the construction on the land falls under the Ram Ganga Nagar Awasiya Yojana scheme.
Rehana
State Of U P
3 Others
Manoj Kumar Gupta
Chandra Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
