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2013 Supreme(All) 2299

UMA NATH SINGH, DEVENDRA KUMAR ARORA
S. G. S. CONSTRUCTION & DEVELOPERS – Appellant
Versus
U. P. AVAS EVAM VIKAS PARISHAD – Respondent


Advocates:
Counsel :
A.K. Shukla, Aarohi Bhalla and Sunil Kumar Singh for the Petitioner; C.S.C., Aseem Chandra, K.S. Pawar, Meenakshi Joshi, Pranshu Agarwal, A.K. Singh, Asim Singh, Sunil Sharma and Vibhu Shankar for the Respondents.

JUDGMENT

Hon’ble Uma Nath Singh, J.—This writ petition has been filed mainly with two prayers, namely: (i) to issue a writ in the nature of mandamus commanding respondent/opposite party No. 1 namely U.P. Avas Evam Vikas Parishad to demarcate lands measuring 42.45 acres out of 63.45 acres, which are mortgaged so that if at a later date the properties at serial No. 6 as mentioned in Annexure P/1 were to be sold by respondent No. 3, there would be no ambiguity in identifying such properties, and (ii) to command respondent No. 2 to implement his order dated 6th September 2011 within a time frame, preferably, within a period of three months in order to sell the properties at serial Nos. 1 to 5 which are also contained in Annexure P/1, and to restrain him from proceeding with the application filed on 20.10.2011 (Annexure P/7) by respondent No. 3 till the properties at serial Nos. 1 to 5 are not sold.

2. Besides, the petitioner company has also made a general prayer for issuance of any other writ, direction, or order(s) as may be deemed fit and proper in the facts and circumstances of the case.

3. Sri Aarohi Bhalla, learned counsel, appearing for the petitioner company during the course of






















































































































































































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