LAWS(ALL)-2018-11-234

NARESH KOCHHAR Vs. STATE OF U P

Decided On November 22, 2018
Naresh Kochhar Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Heard Sri Anurag Khanna, learned Senior Advocate assisted by Sri Maya Shanker Srivastava, Ms. Himadri Batra, Sri Hridesh Batra, Sri Raghav Dev Gaur, Ms. Gunjan Jadwani and Sri Shivam Shukla, learned counsels for the petitioner, Sri Ajit Kumar Singh, learned Additional Advocate General assisted by Sri Alok Kumar Singh, learned Standing Counsel for the State and perused the record.

(2.) This petition has been filed under Article 226 of the Constitution of India seeking inter-alia following relief:

(3.) During the pendency of this writ petition, while counter and rejoinder affidavits were exchanged, the subsequent event that has taken place is that the respondent authorities namely the second respondent granted freehold rights in respect of land with plot no. 147/2 situate on Civil Station, Mauja Nazirpur Bakhtiyar, Allahabad measuring 1 acre and 2413 square yards. The freehold deed having got executed in favour of the petitioner on 23.11.2012 the third prayer in the writ petition (supra) got rendered infructuous. In so far as the second prayer regarding 20% discount, a claim set by the petitioner, is concerned, it has come on record that freehold deed was executed in favour of the petitioner only in the year 2012 and therefore, the law as prevailing at the time of grant of freehold rights is to be considered in view of Full Bench decision of this Court in Anand Kumar Sharma v. State of U.P. and others, 2014 2 ADJ 742.