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2019 Supreme(All) 2630

SUDHIR AGARWAL, VIRENDRA KUMAR SRIVASTAVA
Hari Babu Jain – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Ishwar Chandra Tyagi, Nirvikar Gupta.
For the Respondent: C.S.C., Ajit Kumar Singh (Addl. A.G.), Nimai Das & Sudhanshu Srivastava (Addl. C.S.C.).

JUDGMENT :

Sudhir Agarwal, J.

1. Heard Sri Nirvikar Gupta, learned counsel for petitioners and Sri Ajit Kumar Singh, Additional Advocate General assisted by Sri Nimai Das and Sri Sudhanshu Srivastava, Additional Chief Standing Counsel.

2. This writ petition under Article 226 of Constitution of India has been filed by three petitioners namely Hari Babu Jain, Ajit Kumar Jain and Praveen Kumar Jain, all real brothers and sons of Late Sri Panna Lal, resident of 3-A/3, P.D. Tandon Road, Civil Lines, Allahabad. They have prayed for issue of a writ of certiorari to quash order dated 14.08.2018 (Annexure 1 to the writ petition), passed by District Magistrate, Allahabad communicating that State has exercised right of resumption in respect of Nazul land no.127, Civil Station, Allahabad area 2 acres 3947 Sq. Yards. Letter/notice of aforesaid order is addressed to 21 persons including three petitioners, who are at Serial No.5 in the aforesaid notice.

3. Petitioners have also prayed for issue of a writ of mandamus directing respondents 1 and 2 not to dispossess petitioners from area of 1204.23

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