Allahabad High Court
Mukhtar Singh vs State Of U.P. And Others on 19 December, 2022
Author: Dinesh Pathak
Bench: Dinesh Pathak
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 2 Case :- FIRST APPEAL No. - 46 of 1998 Appellant :- Mukhtar Singh Respondent :- State of U.P. and Others Counsel for Appellant :- C.P. Srivastava,Anil Bhushan,Shashwat Kishore Chaturvedi Connected with Case :- FIRST APPEAL No. - 397 of 1996 Appellant :- Smt. Rajwati And Others Respondent :- State of U.P. Counsel for Appellant :- Vikram Nath,A.K. Misra,U.K. Misra Counsel for Respondent :- S.C.,C.S.C.,Subodh Kumar And Case :- FIRST APPEAL No. - 454 of 1997 Appellant :- Rambir Singh Respondent :- State of U.P. Counsel for Appellant :- Vikram Nath,A.K. Misra,Manvendra Nath Singh,U.K. Misra,Vinod Kumar Singh Counsel for Respondent :- S.C.,C.S.C.,Subodh Kumar Hon'ble Dinesh Pathak,J.
Order on First Appeal No. 46 of 1998, First Appeal No. - 397 of 1996 and First Appeal No. - 454 of 1997 All the three captioned cases, as above, are arising out of land acquisition proceedings by virtue of the notification promulgated on 26.10.1965.
It is submitted that by the same notification, land measuring area 494.356 acres situated in village Patholi, Bilhara and Nagla Biaswa, Agra were acquired. All the affected parties had preferred an appeal assailing the judgment and award dated 29.5.1992 passed by the District Judge, Agra as arbitrator. As many as 15 appeals arising out of said notification, assailing the judgment and award dated 29.5.1992, have already been allowed by this Court vide common judgment dated 28.2.2019.
It is further submitted that these three appeals, as mentioned above, are also arising out of the award dated 29.5.1992 passed by the District Judge, Agra. Therefore, in the light of the ratio decided by this Court, vide judgment dated 28.2.2019, the instant three appeals may also be decided and remitted before the court below for afresh adjudication with respect to the award granted to the parties under the Requisitioning and Acquisition of Immovable Property Act, 1952.
Learned counsel for the respondent has nodded to the submissions as made by the learned counsel for the appellants to decide the instant appeal on the basis of the ratio as decided by this Court vide common judgment and order dated 28.2.2019. As such, all the three captioned appeals are being decided in the terms and conditions as held by this Court in common judgment dated 28.2.2019 passed in the batch of cases wherein the leading case is first appeal No. 395 of 1996 (Gopal Singh and others Vs. State of UP and another).
The appeals stand allowed as observed above.
Order Date :- 19.12.2022 vinay