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Murali Dhar v. State Of U.P. And Others - WRIT - C No. 5256 of 2006 [2006] RD-AH 2133 (27 January 2006)


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Civil  Misc. W.P. No.  5256 of 2006

Hon'ble Sushil Harkauli, J.

Hon'ble Sabhajeet Yadav, J.

The petitioner claims that he has purchased the plot No. 862 by registered sale deed and his construction is also standing on that plot. According to the petitioner, no part of his construction is standing on plot No. 861, which is recorded as pond in the land records.

The grievance of the petitioner is that the impugned demolition notice dated 5th January 2006 enclosed as annexure-4 to this writ petition, has been given to him by the respondent No. 4 without getting any survey done to determine whether the construction of the petitioner is standing on his plot No. 862 or has encroached upon plot No. 861.

In the circumstances, it is directed that if the petitioner makes a representation to that effect along with certified copy of this order enclosing there with copy of his sale deed in response to the impugned notice, the respondent No. 4 will get the construction survey done for determining the facts as indicated above and, thereafter pass a reasoned order wither confirming the impugned order or withdrawing the same as the facts may require. If the certified copy and the representation is made within a week from today, no demolition will take place till the matter is decided as above by the respondent No. 4.

The writ petition is disposed of with the aforesaid directions.    

Dated : January 27, 2006



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