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SMT. PUSHPA DEVI versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Smt. Pushpa Devi v. State Of U.P. And Others - WRIT - C No. 45520 of 2006 [2006] RD-AH 14403 (25 August 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble R.K. Agrawal, J.

Hon'ble Vikram Nath, J.

We have heard Dr. Akhilesh Kumar Sharma on behalf of the petitioner and Shri Vivek Saran, learned counsel appearing for the respondent nos. 2 to 4.

The petitioner had challenged the auction notice issued by the Uttar Pradesh Avas and Vikas Parishad, Lucknow proposing to auction lands situate in the various schemes relating to the city of Agra. The submission of the petitioner is that in Suit No. 360 of 1997, the learned Civil Judge, Senior Division, Agra had decreed the suit of the petitioner and it directed the Avas and Vikas Parishad to give equivalent land to the petitioner in exchange of the land, which has been illegally and unauthorizedly taken possession of and developed by the Parishad. The Civil Judge had also executed a sale deed in respect of the land covered by alphabets 'P Q R S'. The apprehension of the petitioner is that the Avas and Vikas Parishad is putting up the said land belonging to the petitioner for auction.

Shri Vivek Saran, learned counsel for the respondent nos. 2 to 4 has made a statement on the basis of instructions received by him that the land, which is sought to be auctioned is not covered by 'P Q R S', which has been transferred in favour of the petitioner and it is the other land which are being sold by way of auction.

In view of the submission made by Shri Vivek Saran, we do not feel it proper to pass any order. Writ petition is disposed of on the basis of the statement made by the counsel for the Avas and Vikas Parishad.

In view of the statements made by Shri Vivek Saran, the apprehension of the petitioner is misplaced.

Writ petition is disposed of as above.

25.8.2006

VKS/ WP45520/06


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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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