LAWS(ALL)-2019-10-331

O.P. GUPTA Vs. STATE OF U.P.

Decided On October 31, 2019
O.P. GUPTA Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Gunjan Jadwani, learned counsel for petitioners and Sri Ajit Kumar Singh, Additional Advocate General assisted by Sri Nimai Das, and Sri Sudhanshu Srivastava, Additional Chief Standing Counsels for State Authorities.

(2.) This writ petition has been filed under Article 226 of Constitution of India by six petitioners, all are residents of 17/19, Kasturba Gandhi Road, Allahabad, praying for issue of a writ of certiorari to quash order dated 18.08.2018, (Annexure 1 to the writ petition), passed by District Magistrate, Allahabad stating that Nazul land no.129, Civil Station, Allahabad, area 3 acres 2846 Sq. Yards, is required for public purpose by Nagar Nigam, Allababad for establishing a Ward Office/Workshop, and therefore, State is exercising its right of resumption, hence petitioners should vacate and hand over vacant possession of land within fifteen days to State Government, failing which possession shall be taken forcibly at the cost of petitioners. Petitioners have also sought a writ of mandamus commanding respondents not to dispossess and evict petitioners from one-third area of aforesaid Nazul Land, which earlier was numbered as Plot No.129, Civil Station, Allahabad and newly numbered as Bungalow No.26, Thornhill Road, Allahabad. Further, a writ of mandamus has been prayed directing respondents not to demolish construction of petitioners existing over one-third area of aforesaid land.

(3.) Petitioners have impleaded State of U.P. through Principal Secretary, Housing and Urban Planning as respondent-1, District Magistrate/Collector, Allahabad as respondent-2 and respondents 3 to 5 are private parties, who are all real brothers, sons of (late) Ram Babu Sharma and residents of 10, T.B.Sapru Road, Allahabad.