LAWS(ALL)-2004-9-51

MOHD ASLAM Vs. STATE OF U P

Decided On September 01, 2004
MOHD.ASLAM Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) This special appeal has been filed against the impugned judgment and order dated 21.7.2004, passed in Writ Petition No. 17809 of 1996, Mohd. Aslam v. State of U. P. and Ors., wherein the relief of employment in lieu of the land acquired which was sought, has been dismissed.

(2.) The facts and circumstances giving rise to this case are that petitioner-appellant filed writ petition in 1996 on 20.5.1996 contending that his land had been acquired to establish a tube-well, and as per the Government order dated 15.6.1985, he was entitled for employment on compassionate ground. The writ petition was subsequently amended by filing an application in 2002, vide Order dated 21.11.2002 seeking the same relief in pursuance of the Government order dated 29.2.1996. The said petition stood dismissed only on the ground that the petitioner had not pleaded anywhere in the petition that his land had been acquired by the State, thus, the aforesaid Government orders were not applicable. Hence, this appeal.

(3.) We have heard the learned counsel for the petitioner-appellant and the learned standing counsel appearing for the respondents.