RAVIKANT GOENKA Vs. STATE OF U.P
LAWS(ALL)-2019-10-353
HIGH COURT OF ALLAHABAD
Decided on October 24,2019

Ravikant Goenka Appellant
VERSUS
STATE OF U.P Respondents

JUDGEMENT

PRAKASH PADIA,J. - (1.) Heard Sri Vibhu Rai learned counsel for the petitioners, learned Standing Counsel for respondent nos. 1and 4, Sri R.C. Dwivedi, learned counsel for respondent Nos.2 and 3 and Sri Pawan Kumar Mishra, learned counsel holding brief of Sri Pranjal Mehrotra, learned counsel for respondent No.5.
(2.) This writ petition has been filed by the petitioners with the following prayers:- "I. issue a writ, order or direction in the nature of prohibiting the respondent authorities from demolishing the construction of the petitioner; II. issue a an appropriate writ, order and direction calling for the records a pertaining to acquisition proceeding of the land contained in Mohalla Chiuraha Maupakad (Sarojni Nagar), Tehsil and Sadar Maharajganj ad measuring 321.51 ft sq. and ad measuring 116.2Ft sq and to quash the same; III. Issue any suitable writ, order or direction, which this Hon'ble Court deem fit and proper in the facts and circumstances of the case. IV. To award cost of Writ Petition in favour of the Petitioner."
(3.) The facts in the case as emerging upon the perusal of the averments made in the writ petition are that the petitioners purchased an area ad- measuring 321.51 Ft. Sq. and 116.2 Ft. Sq. which abort National Highway No. 730 situated in village Mohalla Chiuraha Maupakad (Sarojni Nagar), Tehsil Sadar, District Maharajganj (hereinafter referred to as plot in question) from its recorded tenure holders Deepak Saran Srivastava and Jagdamba Saran Srivastava. After the petitioners had purchased the plot in question their names were recorded in the revenue record as Bhumidhar. Thereafter he submitted a map for sanction of construction of house over the plot in question before the authority concerned and the petitioner got permission for construction of the house on 15.3.2002, annexure no. 2 to the writ petition. Thereafter the petitioner constructed the house over the plot in question and started residing there and also running a shop therein for their livelihood.;


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