BAFATI ANSARI Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner, Bafati Ansari, resident of Village and Post Office Tari Khas, District Varanasi, has filed the. present petition on the action which has been taken by the respondents to requisi tion part of his Bhumidhari land in plot No. 138. An area of. 20 dismal has been requisi tioned by the Tehsildar/requisitioning Of ficer, Varanasi, under the provisions of U. P. Rural Development (Requisitioning of Land) Act, 1948, U. P. Act No. 27 of 1948. THEre is no issue between the petitioner and the respondents, as the counter affidavits of the respondents are on record, that the pur pose for which the land has been requisi tioned is for a bye-pass, that is, a road. THE respondents, in unison, have not disputed the facts asserted by the petitioner.

(2.) IN the counter affidavit of Awadhesh Mani Tripathi, Tehsildar, Varanasi, it is ac cepted in paragraph 5 that the land has been requisitioned for the purposes of a proposed bye-pass. The aspect that the land was requisitioned for a proposed bye-pass is reiterated in paragraph 13 of this counter affidavit.

(3.) IN totality of the circumstances as the powers have been misutilised to requisi tion the land of the petitioner inconsistent with the expression "public purpose" as is referred to in the Act, the action of the respondents is not only in error, but illegal. IN the circumstances, the order of the respondent No. 3, dated 17 January 1987, Annexure 1 to the writ petition is quashed.