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Pritam Singh (Dead) Thr. Lrs vs The State Of Uttar Pradesh on 2 December, 2019

Bench: Deepak Gupta, Aniruddha Bose

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     ITEM NO.9                              COURT NO.14                  SECTION X

                                   S U P R E M E C O U R T O F       I N D I A
                                           RECORD OF PROCEEDINGS

     SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 34748/2019

     (Arising out of impugned final judgment and order dated 15-04-2019
     in SA No. 900/1980 passed by the High Court Of Judicature At
     Allahabad, Lucknow Bench)

     PRITAM SINGH (DEAD) THR. LRS & ORS.                                  Petitioner(s)

                                                     VERSUS

     THE STATE OF UTTAR PRADESH & ORS.                                    Respondent(s)

     (FOR ADMISSION and I.R. and IA No.180420/2019-CONDONATION OF DELAY
     IN FILING and IA No.180426/2019-ADDITION / DELETION / MODIFICATION
     PARTIES and IA No.180423/2019-APPLICATION FOR SUBSTITUTION and IA
     No.180427/2019-EXEMPTION FROM FILING O.T. and IA No.180422/2019-
     PERMISSION TO FILE PETITION (SLP/TP/WP/..) and IA No.180425/2019-
     CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. and IA
     No.180421/2019-CONDONATION OF DELAY IN REFILING /       CURING THE
     DEFECTS )

     Date : 02-12-2019 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE DEEPAK GUPTA
                             HON'BLE MR. JUSTICE ANIRUDDHA BOSE


     For Petitioner(s)                 Mr. Dushyant Parashar, AOR
                                       Manu Parasher, Adv.

     For Respondent(s)

                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Application for permission to file Special Leave Petition by petitioner No.5 is allowed.

Delay in filing substitution is condoned. Signature Not Verified Application for substitution is allowed. Digitally signed by ANITA MALHOTRA Date: 2019.12.04 16:37:41 IST Reason: Application for deletion of the name of respondent Nos.5 and 6 is allowed.

Delay condoned.

We find that the lower appellate Court as well as the High Court in second appeal have held that the civil Court should not have entertained the matter in view of the fact that the land in question is part of the land declared to be forest land under the Indian Forest Act, 1927.

We find no infirmity in the said order and, therefore, reject the petition with liberty to the petitioners to ventilate their grievance before the appropriate authorities in accordance with law.

Pending application(s) stand disposed of.

(ASHA SUNDRIYAL)                                   (PRADEEP KUMAR)
  COURT MASTER                                      BRANCH OFFICER