Partly allowed

Shri Asik Ali and 5 Others v. Shri Shridhar and 10 Others

Allahabad HC10 Jun 2024WRIC/5064/2024

Case brief

AI extract

What is this about?

In a writ petition regarding land, this court noted discrepancies in the CH-11 document filed by private respondents versus petitioners. Finding a prima facie case, the court maintained the status quo of the disputed land pending final hearings.

What did the court decide?

Status quo maintained regarding land Gata No. 3460 town area- Safipur District- Unnao belonging to the petitioners.

Shri Asik Ali and 5 Others vs Shri Shridhar and 10 Others — Land Acquisition | Allahabad HC (2024)

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Court No. - 4 Case :- WRIT - C No. - 5064 of 2024 Petitioner :- Shri Asik Ali And 5 Others Respondent :- Shri Shridhar And 10 Others Counsel for Petitioner :- Ratnesh Chandra,Ishan Singh Popli,Sankalp Mishra Counsel for Respondent :- Anand Swarup Rai,C.S.C.,Dilip Kumar Pandey

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Hon'ble Abdul Moin,J.

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Supplementary affidavit filed today in Court by the learned counsel for the petitioners be kept on record.

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Heard learned counsel for the petitioners, learned Standing counsel appearing on behalf of the respondents no. 7 & 8 and Sri Dilip Kumar Pandey, learned counsel for the respondent no. 6.

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Issue notice to the respondents no. 1/1 to 5 returnable at an early date.

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Steps be taken within a week.

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List on the date to be indicated in the notice by the office.

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The contention of learned counsel for the petitioner is that a case under Section 33/39 of the Land Revenue Act was filed by the private respondents before the Court of learned Sub Divisional Magistrate, Safipur District- Unnao without impleading the petitioners herein for correction of area.

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As per CH-11 which had been filed by the private respondents before the learned Sub Divisional Magistrate, a copy of which is annexure SA 2 to the supplementary affidavit, the area was indicated as 11 Biswa.

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Placing reliance on the corrected copy of CH-11 which has been filed as annexure 9 to the writ petition, learned counsel for the petitioner contends that column no. 5 indicates the area to be 6 Biswa and thus it is apparent that the order which has been passed by the learned Sub Divisional Magistrate dated 05.10.2015 was passed on the basis of fraudulent documents which aspect of the matter has not been considered in its proper prospective by the revisional Court while dismissing the revision vide impugned order dated 27.04.2024, a copy of which is annexure 1 to the writ petition.

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Considering the incongruity in CH-11 as filed by the private respondents viz-a-viz the CH-11 filed by the petitioners, a prima facie case for interference is made out. As such, till the next date, status quo as of today shall be maintained by all the parties concerned pertaining to land Gata No. 3460 town area- Safipur District- Unnao belonging to the petitioners.

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Order Date :- 10.6.2024/Pachhere/-

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Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench

Shri Asik Ali and 5 Others v. Shri Shridhar and 10 Others

Case brief

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Shri Asik Ali and 5 Others v. Shri Shridhar and 10 Others

Case brief

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