Sanjay Agarwal v. Kanpur Development Authority and Another

Allahabad HC5 Jul 2024A227/7242/2024

Case brief

AI extract

What is this about?

A matter under Article 227 concerning a property dispute involving a sale deed challenged in a civil suit and consolidation proceedings under Section 42A of the U.P. Consolidation of Holdings Act, 1953. The court granted counsel for respondent no. 1 one week to seek instructions and listed the case as fresh on 12.08.2024; no decision was made.

What the court decided

AI extract

Sanjay Agarwal vs Kanpur Development Authority and Another — Land Acquisition | Allahabad HC (2024)

¶1

Court No. - 51

¶2

Case :- MATTERS UNDER ARTICLE 227 No. - 7242 of 2024

¶3

Petitioner :- Sanjay Agarwal Respondent :- Kanpur Development Authority And Another Counsel for Petitioner :- Ashish Kumar Srivastava Counsel for Respondent :- Anand Prakash Paul

¶4

Hon'ble Neeraj Tiwari,J.

¶5

Heard Sri Ashish Kumar Srivastava, learned counsel for the petitioner and Sri Anand Prakash Paul, learned counsel for respondent no. 1.

¶6

Present petition has been filed with following prayer:-

¶7

"(i). Issue an appropriate order/direction restraining the respondentsdefendants, their servants, agen and assignees from interfering into the peaceful possession of or dispossessing petitioner, alienating or transferring, creating any third party interest or changing the nature of the property in question or interfering in any manner into the rights of the petitionerplaintiffs over the subject matter in suit O.S. No. 778 of 2024 Sanjay Agarwal Vs. Kanpur Development Authority and another till the disposal of injunction application '6C' filed by the petitioner-plaintiff U/O 39 R. 1 & 2 in the said suit or during the pendency of this petition before this Hon'ble Court."

¶8

Learned counsel for petitioner submitted a sale deed was executed in favour of petitioner by one Mr. Tarun Kumar Chaturvedi and based upon that, his name was also endorsed in Khatauni. It is next submitted that respondent no. 2-Ms. Ketaki Devi Kushwaha has filed Civil Suit No. 1120 of 2014 for cancellation of sale deed executed in favour of petitioner and other previous sale deeds arising out of same land, upon which interim injunction application was filed, which was decide vide order dated 09.03.2015 along with order of status quo upon the property in dispute. He further submitted that respondent no. 2 has also initiated proceeding under Section 42A of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as 'Act, 1953') by filing application dated 15.07.2000 to set aside the order dated 15.03.1967 passed by Assistant Consolidation Officer. The said application was allowed vide ex parte order dated 15.05.2006. Thereafter, petitioner has filed revision before Settlement Officer Consolidation, who vide order dated 04.10.2008 has rejected the application filed by respondent no. 2. Thereafter, revision was preferred before the Deputy Director Consolidation for setting aside both the orders i.e. 15.05.2006 & 04.10.2008 remanding the

¶9

matter back for re-hearing. Respondent no. 2 has challenged the order passed by Deputy Director Consolidation by filing Writ Petition No. 16603 of 2014, which was disposed of by this Court vide order dated 27.01.2020 with direction to Consolidation Officer, Kanpur Nagar to decide entire matter on merits after hearing all the tenure holders and pass appropriate order. This Court has also directed to maintain status quo till the final decision of respondent no. 1. After remand, application of respondent no. 2 filed under section 42A of Act, 1953 has again been allowed vide order dated 25.07.2022. Against that order, petitioner has preferred revision under Section 48 of the Act, 1953 before Deputy Director Consolidation, which was registered as CH Revision No. 284 of 2022, which is still pending. He also submitted at the bar that section 42A of Act, 1953 pertains to correction of clerical and arithmetical errors and not for deciding title.

¶10

Sri Anand Prakash Paul, learned counsel for respondent no. 1 prays for and is granted one week time to seek instruction about the matter as well as argument made by counsel for petitioner.

¶11

Put up this case as fresh on 12.08.2024.

¶12

Order Date :- 5.8.2024 Sartaj

¶13

Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad

Sanjay Agarwal v. Kanpur Development Authority and Another

Case brief

What is this about?

What the court decided

Sanjay Agarwal v. Kanpur Development Authority and Another

Case brief

What is this about?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Fiber Manufacturers and Exporters Private Limited vs Nagar Nigam and 2 Others

Uma Devi and Another vs Anil Kumar Diwakar and 2 Others

Subhash Chand vs Anil and 2 Others

Ajeet Kumar Srivastava vs Sri Gyan Chandra Gupta S.D.M.

Meerut Development Authority Meerut vs Smt. Prem Lata Saluja (Deceased) and 5 Others

Ramnaresh vs Pankaj Kumar and 4 Others