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2008 Supreme(SC) 1738

ARIJIT PASAYAT, MUKUNDAKAM SHARMA
State of U. P. – Appellant
Versus
Jagdish Saran Agrawal – Respondent


Advocates appeared:
For the Appellant :Pramod Swarup, T.N. Singh, Manoj Dwivedi and G. Venkateswara Rao, Advocates.
For the Respondents:H.L. Aggarwal, S.R. Singh, Sr. Advs., G.s. Bhatt, P.K. Bhatt, Rameshwar Prasad Goyal and Debasis Misra, Advocates.

JUDGMENT

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the judgment of a learned Single Judge of the Allahabad High Court dismissing the writ petitions filed by the State of Uttar Pradesh and the Municipal Board Nagar Palika Lalitpur (hereinafter referred to as the ‘Board’). Both the writ petitions were directed against the order dated 11th February, 1994 passed by the District Judge, Lalitpur. By the said order learned District Judge allowed appeal No.23 of 1992 filed by the respondent No.1 Jagdish Sharan Agrawal and two others. State of U.P. and 27 others were parties. It was held in that order that the proceedings initiated by the State against Jagdish Sharan Agrawal and others under the Uttar Pradesh Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (in short the ‘Act’) were barred by the principle of resjudicata, in view of the decision of the proceedings, which were initiated earlier by the Nagar Palika, Lalitpur, being suit No. 25 of 1960 as also in view of the dismissal of the proceedings which were initiated by the State of Uttar Pradesh being case No. 521-353 under Section 3(1) of the Uttar Pradesh Public Land (Eviction and Recovery


























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