Writ petition challenging a KDA demolition order over land acquired in 1968; the court found disputed facts could not be resolved under Article 226 and left petitioner free to seek relief in civil court.
No relief granted; petitioner at liberty to pursue appropriate relief before the concerned court.
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Neutral Citation No. - 2024:AHC:115750-DB
Court No. - 29
Case :- WRIT - C No. - 22187 of 2024
Petitioner :- Dinesh Bajpai Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajan Tripathi Counsel for Respondent :- Anand Prakash Paul,C.S.C.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
"(a) a writ or direction in the nature of CERTIORARI to quash the impugned demolition order dated 18.6.2024 U/s-26Ka (4) of U.P. Urban Planning and Development Act, 1973 passed by the respondent no.3, whereby, demolishing the standing abadi of the petitioner situated at Village Panki, Bhausingh., Kanpur Nagar."
petitioner is the owner of the property in dispute. Needless to say, the petitioner is at liberty to press for the appropriate relief before the concerned court.
Order Date :- 22.7.2024 NLY
Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad
1 issue framed by the court
Can the writ court under Article 226 establish ownership of disputed land against an acquired-land demolition order?
2 provisions across 2 enactments
Dinesh Bajpai
State Of U.P.
Kanpur Development Authority
Mahesh Chandra Tripathi
Prashant Kumar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
