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Allahabad High Court

Veer Nagar Sahakari Awas Samiti Ltd. ... vs State Of U.P. And Others on 28 July, 2010

Bench: Sunil Ambwani, Kashi Nath Pandey

Court No. - 29

Case :- WRIT - C No. - 43554 of 2010

Petitioner :- Veer Nagar Sahakari Awas Samiti Ltd. Agra
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Rahul Agarwal
Respondent Counsel :- C.S.C.

Hon'ble Sunil Ambwani,J.

Hon'ble Kashi Nath Pandey,J.

The petitioner society was registered in 2001 and has purchased the land, which is alleged to have been declared as surplus, without any declaration in the sale deed dated 24.8.2001, registered on 23.4.2003 that the land was declared as surplus and the possession has not been taken.

By this writ petition the petitioner has prayed for staying the further proceedings in Case No.1676/3315/76-77 (State Vs. Mahesh Prasad) pending before the Competent Authority, Urban Land Ceiling, Nagar Mahapalika Bhawan.

Since there is no averment in the sale deed regarding the declaration of surplus land and continuance of possession, even after the repeal of the Act, let the State first seek instructions in the matter. List on 9th August, 2010.

Order Date :- 28.7.2010 SP/