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2016 Supreme(SC) 1540

RANJAN GOGOI, PRAFULLA C.PANT
Hapur Pilakhua Development Authority, Hapur – Appellant
Versus
Swantantra Bharat Paper Mills Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant : Mr. Joy Basu, Mr. M.C. Dhingra, Ms. Gauri Rampal and Mr. Abhinav
For the Respondents: Mr. Ravindra Raizada, Mr. Sanjeev Agarwal and Mr. Ekansh Agarwal

ORDER :

Heard the learned senior counsel for the parties and perused the relevant material.

2. By the order under challenge in this appeal the High Court of Allahabad in a writ petition filed by the first respondent has set aside the order of resumption dated 20.09.2008 of land covered by plot Nos. 2136 and 2149 and has restrained the respondents in the writ petition including the present appellant from interfering with the possession of the writ petitioners (respondents in this appeal) in respect of the said plot Nos. 2136, 2149 and 2111 (except an area of . 3410 hectares of plot No. 2149, which was acquired).

3. At the very outset it has to be noticed that the order of resumption dated 20.09.2008 was issued after the writ petition in question was filed and the challenge to the said order of resumption was by way of an amendment to the writ petition. The relief’s sought in the writ petition, as originally filed, is as follows :-

(i) Issue an appropriate writ, order or direction in the nature of mandamus commanding the respondents not to dispossess the petitioners from the Khewat/plot Nos. 2136 and 2149 situated within the jurisdiction of Nagar palika Parishad, Pilakhua, Ghaziabad exce











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