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2019 Supreme(All) 2005

SUDHIR AGARWAL, RAJENDRA KUMAR IV
Jyoti Kesarwani – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Ashish Kumar Singh, Mohit Singh.
For the Respondents: Piyush Tripathi, Suresh C. Dwivedi, M.C. Chaturvedi.

JUDGMENT :

1. Heard Sri. Ashish Kumar Singh, Advocate, assisted by Sri. Mohit Singh, learned counsel for petitioners, Sri. M.C. Chaturvedi, learned Senior Advocate, assisted by Sri S.C. Dwivedi, learned counsel for Nagar Nigam, Allahabad and perused the record.

2. All these writ petitions involve common questions of facts and law, therefore, were clubbed together and have been heard and are being decided by this common judgment. However, for brevity and clarity, we refer facts of individual cases separately and thereafter, proceed to consider issues raised in these matters.

3. Writ Petition No. 43642 of 2018 (hereinafter referred to "Petition 1") has filed by Smt. Jyoti Kesarwani wife of Ashish Kesarwani seeking a writ of certiorari for quashing order dated 17.9.2018 passed by Municipal Commissioner, Allahabad (Annexure 1 to the writ petition) rejecting her representation and directing her to remove construction raised on disputed site and vacate land in dispute.

4. Dispute relates to Shop No. 1, situated at Leader Road, Allahabad (renumbered as 22-B and then 107 and then 81), Moha

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