CHHABBU LAL Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Standing Counsel. Although learned Standing Counsel was allowed time to file counter affidavit on various occasions but no counter affidavit has been filed. However, as per our earlier order original records pertaining to the petitioner's case has been produced by the learned Standing Counsel which has been perused by us.

(2.) BY consent of learned counsel for the parties, the petition is finally decided. By this writ petition, the petitioner has prayed for following reliefs:

(3.) LEARNED counsel for the petitioner has rightly placed reliance on a Division Bench decision rendered on 8.10.2012 in Writ-C-24378 of 2011-Mahaveer Vs. State of U.P. and others in which case the Division Bench on identical facts of case has held that there being no material to prove that actual physical possession was taken by the State in accordance with the procedure prescribed under the Act, the petitioner was held entitled for relief. The aforesaid judgment fully supports the submissions made by the learned counsel for the petitioner.