ANARKALI Vs. STATE OF U.P.
LAWS(ALL)-2019-10-178
HIGH COURT OF ALLAHABAD (FROM: LUCKNOW)
Decided on October 31,2019

ANARKALI Appellant
VERSUS
STATE OF U.P. Respondents


Referred Judgements :-

CHINTAMANI GHOSH AND ANOTHER VS. STATE OF U.P. AND OTHERS [REFERRED TO]
THAKUR AMAR SINGHJI VS. STATE OF RAJASTHAN [REFERRED TO]
DIRECTOR OF ENDOWMENTS GOVERNMENT OF HYDERABAD VS. AKRAM ALI [REFERRED TO]
RAJA RAJINDER CHAND VS. SUKHI [REFERRED TO]
BOMBAY DYEING AND MANUFACTURING COMPANY LIMITED VS. STATE OF BOMBAY [REFERRED TO]
DALMIA DADRI CEMENT CO LIMITED DALMIA DADRI CEMENT LIMITED VS. COMMISSIONER OF INCOME TAX:UNION OF INDIA [REFERRED TO]
SARWARLAL MIL SHAH SARWAR ALI VS. STATE OF HYDERABAD [REFERRED TO]
PROMOD CHANDRA DEB BADA KUMAR PRATAP GANGADEB HER HIGHNESS MAHA RAJMATA SURATARANGINI DEBI VS. STATE OF ORISSA [REFERRED TO]
AMARSARJIT SINGH UMRAO SINGH SATINDER SINGH RAGHVINDER SINGH VS. STATE OF PUNJAB [REFERRED TO]
BISWAMBHAR SINGH VS. STATE OF ORISSA [REFERRED TO]
SUPERINTENDENT AND REMEMBRANCER OF LEGAL AFFAIRS WEST BENGAL VS. CORPORATION OF CALCUTTA [REFERRED TO]
PIERCE LESLIE AND CO LIMITED MISS VIOLET OUCHTERIONYONY WAPSHARE VS. VIOLET OUCHTERLONG WAPSHARE [REFERRED TO]
STATE OF UTTAR PRADESH VS. ZAHOOR AHMAD [REFERRED TO]
STATE OF RAJASTHAN VS. SAJJANLAL PANJAWAT [REFERRED TO]
R V BHUPALPRASAD VS. STATE OF ANDHRA PRADESH [REFERRED TO]
HAJEE S V M MOHAMED JAMALUDEEN BROS AND COMPANY VS. GOVERNMENT OF TAMIL NADU [REFERRED TO]
PRADEEP OIL CORPORATION VS. MUNICIPAL CORPORATION OF DELHI [REFERRED TO]
AZIM AHMAD KAZMI VS. STATE OF U P [REFERRED TO]
SHAKIRA KHATOON KAZMI VS. STATE OF UTTAR PRADESH [REFERRED TO]
SHAKIRA KHATOON KAZMI VS. STATE OF UTTAR PRADESH [REFERRED TO]
ANAND KUMAR SHARMA VS. STATE OF U.P. [REFERRED TO]
STATE OF UTTAR PRADESH VS. UNITED BANK OF INDIA [REFERRED TO]
SANGAM UPNIVASHAN AVAS EVAM NIRMAN SAHKARI SAMITI LTD VS. STATE OF U P THRU P S HOUSING & URBAN PLANNING & ORS [REFERRED TO]
SEVOKE PROPERTIES LTD VS. WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LTD [REFERRED TO]


JUDGEMENT

SUDHIR AGARWAL,J. - (1.)Writ Petition No. 14201 of 2014 (hereinafter referred to as "WP-1") has been filed by eight petitioners i.e. Smt. Anarkali wife of (late) Hari Shanker; Brijesh Patel, Rajesh Patel and Akhilesh Patel, all sons of (late) Hari Shanker; Smt. Urmila Patel wife of (late) Shiv Shanker, Himanshu Patel, Sudhanshu Patel and Divyanshu Patel (minor) all sons of (late) Shiv Shanker, with a prayer to issue a writ of certiorari to quash order dated 14.06.2012 (Annexure-14 to the writ petition) whereby petitioners' application for conversion of Nazul land in dispute into freehold has been rejected by District Magistrate, Allahabad. Petitioners have also prayed for issue of a writ of mandamus commanding District Magistrate, Allahabad to freehold Bungalow No. 23/29 (New No. 85/29), R-Naseebpur, Bakhtiyara, Clive Road, Allahabad (Area 5050 square meters).
(2.)Writ Petition No. 34702 of 2018 (hereinafter referred to as "WP-2") has been filed by a Housing Society namely, "Ravi Sahkari Avas Samiti Limited" through its Secretary, Ravi Kumar (hereinafter referred to as "R.S.A.Society"), praying for issue of a writ of certiorari to quash notice/order dated 06.09.2018 (Annexure-1 to the WP-2) allotting land in dispute i.e. Nazul Land R-Naseebpur, Bakhtiyara, Bungalow No. 23, Clive Road and Bungalow No. 19 Muir Road, Allahabad, Area 4 acres, 3 roods, 21 poles to "Allahabad Development Authority" (hereinafter referred to as "ADA") for construction of affordable houses for weaker section under "Pradhan Mantri Avas Yojana (Urban)".
(3.)Writ Petition No.37541 of 2018 (hereinafter referred to as "WP-3") has been filed by petitioners of WP-1 except Rajesh Patel, who has died in the meanwhile and therefore, has been substituted and replaced by his wife Smt. Suman Patel and minor son Master Aditya. Therefore, in all, there are nine petitioners namely Smt. Anarkali wife of (late) Hari Shanker; Brijesh Patel and Akhilesh Patel, both sons of (late) Hari Shanker; Smt. Suman Patel wife of (late) Rajesh Patel; Master Aditya (minor) through his mother Suman Patel as natural guardian; Smt. Urmila Patel wife of (late) Shiv Shanker, Himanshu Patel, Sudhanshu Patel and Divyanshu Patel all sons of (late) Shiv Shanker. They have prayed for issue of a writ of certiorari to quash order dated 06.09.2018 in respect of Nazul Plot No.R Naseebpur Bakhtiyara, Bungalow No.23 and Bungalow No.19, Muir Road, Allahabad, area 4 acres, 3 roods, 21 poles, which has also been challenged by R.S.A.Society in WP-2. Therefore, order challenged in WP-2 and WP-3 is the same. Petitioners in WP-3 have further sought a writ of mandamus restraining respondents 2 to 4 from evicting petitioners from property situate at R-Naseebpur Bakhtiyara, Bungalow No.23 and Bungalow No.19, Muir Road, Allahabad. Petitioners of WP-2 claimed their interest in half of the aforesaid disputed property though claim of petitioner in WP-2 has been disputed by petitioners of WP-3 on the ground that petitioners in WP-2 have no right over property in dispute at all.


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