Court No. - 29
Case :- WRIT - C No. - 19790 of 2018 Petitioner :- Mahendra Kumar Agarwal Respondent :- Competent Authority/Prescribed And 5 Others Counsel for Petitioner :- Ajit Kumar, Mohit Kumar Counsel for Respondent :- C.S.C.
Hon'ble Krishna Murari,J. Hon'ble Ashok Kumar,J.
Petitioner claims benefit of the Repeal Act on the ground that he still continues to be in actual physical possession of the surplus land and has never been dispossessed. Learned counsel for the petitioner in support of his contention has relied upon a judgment of the Apex Court in State of U.P. vs. Hari Ram reported in JT 2013 (4) SC 275 and also the Division Bench judgment of this court in Ram Chandra Pandey vs. State of U.P. reported in 2010 (82) ALR 136.
Learned Standing Counsel appearing for the State respondents may file counter affidavit within four weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List immediately after expiry of the aforesaid period.
Considering facts and circumstances, until further orders of the Court, parties to the writ petition are directed to maintain status-quo with regard to nature and possession over the land in question, as it exists today.
Order Date :- 29.5.2018 A.Kr.* [Ashok Kumar, J.] [Krishna Murari, J.]