A.R.LAKSHMANAN, ALTAMAS KABIR
Rakesh Kumar Jain – Appellant
Versus
State Of U. P. Thr. Collector – Respondent
JUDGMENT
Dr. AR. Lakshmanan, J.—Leave granted.
2. Heard Mr. Rajiv Dutta, learned senior counsel appearing on behalf of the appellants and Mr. Rakesh Uttamchandra Upadhyay, learned counsel appearing on behalf of the respondent No.2 (Agra Development Authority).
3. This appeal is directed against the final judgment and order dt.20.10.2005 passed by the High Court of Judicature at Allahabad in Civil Misc.Writ Petition No.15903/2002 whereby the High Court has dismissed the Writ Petition filed by the present appellants/land owners. The appellants were the owners of land of Khasra No.111A and 112B measuring 7-6 Bighas situated at Mauza Lakhanpur Tehsil and District Agra. The respondent No.2 without following the procedure for acquiring the land under the Land Acquisition Act took forcible possession of land in question on 31.08.2000. It is not in dispute that respondent No.2 had not resorted to the provisions of Land Acquisition Act. Being aggrieved by the arbitrary action of respondent No.2, the appellants filed an Original Civil Suit No.358 of 2000 before the learned Civil Judge (Junior Division), Agra for injunction to restrain the respondent No.2 from encroaching and trespassing or t
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