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2012 Supreme(All) 2082

B.AMIT STHALEKAR
ASHOK KUMAR – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Anupam Kulshreshtha for the Petitioner; C.S.C., V.K. Birla and V.C. Tripathi for the Respondents.

JUDGMENT

Hon’ble B. Amit Sthalekar, J.—This writ petition has been filed by the petitioner challenging the order dated 18.1.2000 passed by the Commissioner, Controlling Authority under the U.P. Regulation of Building Operation Act, 1958 and the revisional order dated 3.2.2000 passed by the Special Secretary, State Government.

2. The case of the petitioner, in brief, is that in respect of plot No. 117 situated in Mauza Arazi Imlag (Fatehpur Sikri), Agra, there was a dispute between the petitioner and the Nagar Palika with regard to the title of the land in question. The Prescribed Authority, Controlling Area Dayal Bagh, Agra by his order dated 18.7.1995 held that the petitioner was the rightful title holder of the land in question and that the land in dispute was being used by the Nagar Palika for tying impounded cattle.

After the order dated 18.7.1995 sanction had been granted to the petitioner with regard to the map for which an application has been made by the petitioner before the Prescribed Authority.

3. Aggrieved by the said order the Nagar Palika, Fatehpur filed an appeal before the Commissioner under the U.P. Regulation of Building Operation Act who by the impugned order date

















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