BHAMOLA Vs. STATE OF U P AND OTHERS

JUDGEMENT

(1.) Heard Sri P. K. Ganguly, holding brief of Sri Om Prakash Tripathi, learned counsel for the petitioner, Sri Ghanshyam Pandey, holding brief of Sri Ramesh Upadhyay appearing for the Aligarh Development Authority, Aligarh and the learned Standing Counsel representing the State-respondents.

(2.) Petitioner has approached this Court seeking a writ of mandamus to command the respondents not to dispossess him from 1/3rd part of plot no. 305 area 4-3-0 and plot no. 339 area 2-18-0 situated at village Kishanpur, Tehsil Kol, District Aligarh. A further writ of mandamus has also been prayed commanding the respondents to decide the petitioner's representation dated 01.12.2008 by a reasoned order on merits and till then he may not be dispossessed, specially by the respondent no. 4 and also to comply the judgment and order passed in the case of Chabi Nath, 2005 2 AWC 1405 removing entry of State of U. P. through the Collector in Khatauni of petitioner and making entry of petitioner on his application and/or order of status quo till the decision of the representation.

(3.) Facts, as set out in the pleadings of the parties, relevant for the purposes of the case in brief, are as under :