Allahabad High Court
Sajid Husain & Ors. vs State Of U.P. Thru. Secr. Audhyogik ... on 2 April, 2010
Bench: Vineet Saran, Ran Vijai Singh
Court No. - 35 Case :- WRIT - C No. - 17939 of 2010 Petitioner :- Sajid Husain & Ors. Respondent :- State Of U.P. Thru. Secr. Audhyogik Vikas & Ors. Petitioner Counsel :- J.H. Khan,Gulrez Khan,W.H. Khan Respondent Counsel :- C.S.C.,Ramendra P. Singh Hon'ble Vineet Saran,J.
Hon'ble Ran Vijai Singh,J.
Connect with Writ Petition No. 500 of 2010 (Devendra Kumar and others Vs. State of U.P. and others).
Learned Standing Counsel has accepted notice for the respondents no. 1 and 2 and Sri Ramendra Pratap Singh for the respondent no. 3. They pray for and are granted three weeks' time to file counter affidavit. The petitioner shall have a week thereafter to file rejoinder affidavit.
List immediately after four weeks along with the connected writ petition.
It is contended that there is no material on record for invoking urgency clause and the Government has not recorded its independent satisfaction on the said issue. It is also urged that large tract of land already acquired by the authorities are still lying unused. It is further contended that the petitioners have dwelling units over the disputed land.
Considering the facts and circumstances of this case and keeping in view the aforesaid submissions of the learned counsel for the petitioners, it is provided that till the next date of listing the parties shall maintain status quo with regard to possession over the plots, which have been notified for acquisition in notifications dated 10.6.2009 and 9.11.2009 issued under Sections 4 and 6 of the Land Acquisition Act respectively.
Order Date :- 2.4.2010 p.s.