RAVINDRA KUMAR PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Pradeep Kumar Tripathi, learned counsel for the petitioners and Sri Anil Kumar Singh Visen, learned Standing Counsel for all respondents/State.

(2.) From the order dated 13.2.2018 passed in Writ Petition No. 30691 (MB) of 2017, Ravindra Kumar Pandey and Others v. State of U.P. and others , it is not in dispute that the police department/respondent No.1 have illegally encroached a portion of land of the petitioners measuring 36 x 80 meters and when the petitioners filed a writ petition, a direction has been issued either to pay compensation or purchase it through negotiations. Relevant portion of the order dated 13.2.2018 reads as under:-

(3.) In spite of specific direction has been made by this Court, neither compensation was paid nor the land was purchased. As the order has not been complied with, the petitioners filed a Contempt No.863 of 2019, Ravindra Kumar Pandey and others v. Arvind Kumar, Principal Secretary, Home and others . In the said petition, when a direction was issued to the Additional Chief Secretary, Department of Home, Government of U.P., then only a compliance affidavit has been filed by Sri Awanish Kumar Awasthi and on the basis of the para - 6 of the affidavit of compliance, the possession of the encroached area has been handed over to the petitioners. Relevant part of the order dated 18.9.2019 passed in Contempt No. 863 of 2019 reads as under:-