KASHI PRASAD DWIVEDI Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed for a mandamus directing the respondents to pay compensation for the petitioners land, or in the alternative to restore back possession of the said land which has been illegally occupied by the respondents and to pay damages.

(2.) We have heard Sri Ram Niwas Singh and V. K. S. Chandel learned counsel for the petitioners and learned standing counsel for the respondents.

(3.) In this case on 23.4.2004 learned standing counsel was granted one month's time to file counter-affidavit but no counter-affidavit was filed. Thereafter on 28.5.2004 again one month's further time was granted to file counter-affidavit and it was ordered that the writ petition will be listed peremptorily in the week commencing 5.7.2004. However, despite this order no counter-affidavit was filed. We are not inclined to grant any further time and we are treating the allegations in the petition to be correct.