Court No. - 39
Case :- WRIT - C No. - 55447 of 2008 Petitioner :- Ram Pal Respondent :- A.D.A. Through Vice Chairman And Others Counsel for Petitioner :- Manvendra Nath Singh Counsel for Respondent :- C.S.C.,A.K. Misra
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Case called out. None appears for the petitioner. This is a writ petition of the year 2008.
The petitioner in the writ petition is seeking a direction to the respondent not to dispossess him from plot nos.1015M and 1016M (old plot nos. 222/1 & 222/2 respectively) situated in Phaphamau, Tehsil Soraon, District Allahabad or to dismantle his residential house and not to cut away the trees of the petitioner.
At the time of admission, this Court on 23.10.2008 had recorded the statement of the learned counsel for the Allahabad Development Authority, wherein it was stated that the respondents have not acquired any land of the petitioner and that the development under the Kanshiram Awas Scheme would be carried out only upon the land of the Gaon Sabha entered as banjar in the revenue records and he had also stated that before any work is done under the Scheme there will be proper demarcation, if not already done. The order of the Court dated 23.10.2008 reads as under:
"It is submitted by the petitioner's counsel that the petitioner is a bhumidhar of plot no.1015 M and 1016 M old plot No.222/1 and 222/2 respectively. A copy of the khasra for the year 1415 Fasli has been annexed by the petitioner in which total area of plot No.1015 is shown as 0.262 hectares and total area of plot No.1016 is shown as 0.742 hectares and in respect of plot No.1015 a portion of 0.216 hectares is shown to be banjar land and abadi and portion of 0.046 land is shown to be in the name of Ramanand etc. Similarly in respect of plot no.1016, area 0.571 has been shown as banjar and abadi and area 0.171 has been shown in name of the petitioner. The grievance of the petitioner is that respondent Allahabad Development Authority for the purpose of Kanshiram Awas Yojna are threatening to take petitioner's land and also cut away some trees although the land of the petitioner has not been acquired.
Sri A.K. Mishra, counsel for the Allahabad Development Authority states that respondents have not acquired any land of the petitioner and that the development under the scheme would be done only upon the land of the Gaon Sabha entered as banjar and he states that before any work is done under the scheme there will be proper demarcation if not already done. He prays for and is granted two weeks time to file counter affidavit. The petitioner will have one week thereafter to file rejoinder affidavit.
List immediately thereafter.
Until the next date of listing respondents are restrained from dispossessing the petitioner from any portion of his aforesaid land and from cutting trees over the petitioner's land and that before making development under the scheme, the respondents shall make proper demarcation."
Since till date no counter affidavit has been filed by the respondents, therefore, this writ petition is disposed of finally in the light of the interim order granted by this Court on 23.10.2008.
Order Date :- 27.11.2018 N Tiwari