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2019 Supreme(All) 2628

SUDHIR AGARWAL, VIRENDRA KUMAR SRIVASTAVA
Parsi Panchayat, Surat through its General Attorney & Executor – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Umesh Kumar Gupta, Sunil Dutt Kautilya.
For the Respondent:C.S.C., Ajit Kumar Singh (Addl. Advocate General), Nimai Das & Sudhanshu Srivastava (Addl. C.S.C.).

JUDGMENT :

Sudhir Agarwal, J.

1. This writ petition has been filed under Article 226 of Constitution by Parsi Panchayat, Surat, through its General Attorney and Executor, Sri V.S. Pandey being aggrieved by order dated 18.08.2018 passed by District Magistrate, Allahabad (i.e. respondent-2) whereby he (respondent-2) has informed petitioner and two others that State Government has approved resumption/re-entry over land in dispute and therefore, it should be vacated by petitioners within fifteen days, whereafter possession shall be taken forcibly by respondents at the cost of petitioners.

2. Impugned order states that land in dispute is required by State for development of 'Parking place' in view of fact that Allahabad has been declared as 'Smart City' and has to be development accordingly and therefore, right of re-entry/resumption has been exercised by State.

3. Dispute relates to Nazul land, Plot H-1, Civil Station, area 1 Acre 2576 Square Yards whereupon a house is also constructed numbered as House No.24, Elgin Road, Allahabad.

4. A lease was executed by the Secretary of State for

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