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INSTITUTE OF MANAGEMENT EDUCATION THRU' ITS SECRETARY versus STATE OF U.P. THRU' CHIEF SECRETARY, U.P. SECRETARIAT & ORS.

High Court of Judicature at Allahabad

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Institute Of Management Education Thru' Its Secretary v. State Of U.P. Thru' Chief Secretary, U.P. Secretariat & Ors. - WRIT - C No. 9749 of 2006 [2006] RD-AH 3800 (17 February 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Civil Misc. Writ Petition No. 9749 of 2006

Hon'ble Sushil Harkauli J.

Hon'ble Vikram Nath, J.

The earlier proceedings both the Revenue and the Civil Court have concluded and an interim order had been passed in favour of the petitioners. The allegation of the petitioners is that the respondents are trying to demolish the construction and dispossess the petitioner on the basis of some administrative enquiry. This does not prima facie appear to be permissible so long as the judicial or quasi judicial orders are existing. Even if the lease of the petitioners has come to an end, proper proceedings for eviction of the petitioners are required to be taken and no dispossession can be done by using sheer force by the State.

In the circumstances, the standing counsel may file a counter affidavit within a month. Rejoinder may be filed within two weeks thereafter. List thereafter.

In the meantime, till further orders, no construction of the petitioners, which is covered by the orders passed by the Civil Court or orders passed by the Revenue Court under the U.P. A. A. & L.R. Act, will be demolished and the petitioners will not be dispossessed from any such  land.  

Dated : February 17, 2006

AM/-


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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