High Court of Judicature at Allahabad
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Chakradhar And Others v. State Of U.P. And Others - WRIT - C No. 17798 of 2006  RD-AH 7019 (31 March 2006)
Hon. Dr. B.S. Chauhan, J.
Hon. Dilip Gupta, J.
The petitioners who claims to be the recorded tenure holders of the property in dispute have filed this petition for a direction upon the respondents not to make any road through the plots in dispute under the Scheme known as Pradhan Mantri Road Construction Scheme without acquisition of the property or adopting due procedure prescribed by law.
Learned Standing Counsel appearing for the respondents has stated that it has to be examined whether the petitioners are the actual owners in possession of the property in dispute and whether the plots have been acquired for construction of the road and, therefore, the matter may be referred to the District Collector who can examine these facts.
In view of the submissions made by the learned Standing Counsel, we dispose of this petition with a direction that in the event the petitioner files a detailed representation before the District Collector, Allahabad containing the grievances which are sought to be raised in the petition, the District Collector shall pass an appropriate order after ascertaining whether the petitioners are the actual owners in possession of the property in dispute and whether the said property had been acquired by the State under the relevant laws governing acquisition or whether the petitioner had given their consent but till such time as the order is not passed, status quo as on date regarding possession shall be maintained in respect of the property in dispute. It is made clear that we have not adjudicated the matter on merits and it will be open to the District Collector, to pass an appropriate order after examining the matter.
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