BELTEK INDIA LTD Vs. STATE OF U P

JUDGEMENT

(1.) This is an application to recall the judgment dated 31-3-2004 by which petition was dismissed following the decision of this Court in Kaloo Ram v. State of U. P. and others, Writ Petition No. 27317 of 2001 (reported in 2004 (2) Ml C J 1108)

(2.) In paragraph 5 and 6 of the affidavit filed in support of this application it is stated that the writ petition was dismissed in the absence of the learned counsel for the petitioner who could not attend due to his illness. Hence we have heard the counsel for petitioner again on merits of the case but we are not inclined to recall the judgment dated 31-3-2004.

(3.) Learned counsel for the petitioner has alleged that actual physical possession of the land was not taken from the petitioner as stated in paragraph 27,32 and 33 of the writ petition. However, in a counter affidavit it has been stated in paragraph 18, 24 and 25 that possession was taken by the respondents on 27-11-1999. True copy of the possession memo is Annexure-CA-1 to the counter affidavit.