Court No. - 18
Case :- WRIT - C No. - 19715 of 2018 Petitioner :- Neeta Agrawal Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- R. K. Singh Kaosik Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri R.K. Singh Kaosik, learned counsel for the petitioner, Shri Sanjay Kumar Singh, learned Standing Counsel and Shri Ashish Kumar Srivastava, learned counsel for the seventh respondent.
Om Shanti Buildcon Pvt. Ltd. is before this Court assailing the order dated 21.12.2011 passed by the Deputy Collector, Etmadpur, Agra in Case No.06 of 2011-12 (Banshi Nath vs. Rahul Nath) and the order dated 17.8.2016 passed by the Commissioner, Agra Division, Agra in Revision No.32 of 2011-12 (Neeta Agrawal vs. Banshi Nath and others) and for direction to the respondents not to interfere in the peaceful possession of the land in dispute.
Learned counsel for the petitioner states that the aforesaid proceeding has been finalized ex-parte and at no point of time, the petitioner has been afforded any opportunity of hearing in the aforesaid proceeding. In support of his submission, he has placed reliance on the order of this Court dated 27.10.2016 passed in Writ C No.51444 of 2016 (Om Shanti Buildcon Pvt. Ltd, Agra and another vs. Commissioner, Agra Division, Agra and 10 others).
The matter requires consideration.
Learned Standing Counsel appears for the State respondent nos.1 to 3. Issue notice to respondent nos.4 to 6, returnable at an early date. Steps may be taken within a week. The respondents are accorded four weeks' time to file response in the matter. The petitioner will have one week thereafter to file rejoinder affidavit. List thereafter.
Order Date :- 29.5.2018 A. Pandey