Dinkar Prakash Srivastava and Another vs State of U.P. Thru. Its Addl. Chief Secy./ Prin. Secy. Estate Deptt. Lko. and 2 Others

Court No. - 2

Case :- WRIT - C No. - 9542 of 2024

Petitioner :- Dinkar Prakash Srivastava And Another Respondent :- State Of U.P. Thru. Its Addl. Chief Secy./ Prin. Secy. Estate Deptt. Lko. And 2 Others Counsel for Petitioner :- Gaurav Mehrotra,Maria Fatima Counsel for Respondent :- C.S.C.

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Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J.

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1. Heard.

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In nutshell, the contention of the petitioners' counsel is that consequent to abatement of the proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 in view of repealing enactment of 1999, an order was passed in the Revision filed by the State, which was pending, dismissing it as having abated and thereafter, a decision was taken by the State Government on 07.10.2016 that they will purchase the concerned part of the Bungalow Nos. 10 and 11, which had been declared surplus under the aforesaid proceedings, but till date they have not done so, meaning thereby, the sale deed has not been executed while the State has all along been in possession eversince 1982 when the urban ceiling proceedings were initiated and the remaining portion of the Bungalows has already been purchased by the State Government. The possession of the State has been without any rent or consideration.

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Let a parawise reply be filed by the Additional Chief Secretary/ Principle Secretary, Estate Department, Government of Uttar Pradesh, Lucknow himself within four weeks.

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Rejoinder affidavit may be filed within two weeks thereafter.

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List this case on 19.12.2024.

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Pendency of this petition shall not come in the way of the State Government if it wants to purchase the land and execute the sale deed as per law.

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(Brij Raj Singh,J.) (Rajan Roy,J.)

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Order Date :- 8.11.2024 Gurpreet Singh

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

Dinkar Prakash Srivastava and Another v. State of U.P. Thru. Its Addl. Chief Secy./ Prin. Secy. Estate Deptt. Lko. and 2 Others

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Dinkar Prakash Srivastava and Another v. State of U.P. Thru. Its Addl. Chief Secy./ Prin. Secy. Estate Deptt. Lko. and 2 Others

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