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Rajpal And 3 Others v. State Of U.P. And Others - WRIT - C No. 1304 of 2006  RD-AH 1033 (16 January 2006)
Hon. Dr. B.S. Chauhan, J.
Hon. Dilip Gupta, J.
This writ petition has been filed for quashing the notice dated 28th November, 2005 issued by the office of the Nagar Panchayat Bilashpur and for a direction upon the respondents not to demolish houses of the petitioners standing over Plot No. 733/1.
We have heard learned counsel for the petitioners and the learned Standing Counsel appearing for the respondents and have perused the materials available on record.
It has been mentioned in the notice dated 28th November, 2005 issued by the Nagar Panchayat, Bilashpur that the petitioners had raised constructions on the land belonging to the Nagar Panchayat. The petitioners have stated that this fact has been wrongly mentioned in the notice inasmuch as they had purchased the plots over which the constructions have been made.
Be that as it may, we are of the considered opinion that it is not possible for us to decide this factual dispute while exercising jurisdiction under Article 226 of the Constitution of India inasmuch as evidence would necessarily have to be led and examined. We are, therefore, decline to entertain this petition but leave it open to the petitioners to challenge the aforesaid notice before the appropriate Forum.
Subject to the observations made above, the writ petition is dismissed.
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