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2021 Supreme(All) 1441

J.J.MUNIR
Indrakali – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: D.K. Ojha.
For the Respondent: G.A.

JUDGMENT :

1. The petitioner has come up praying that a mandamus be issued, directing the respondent Authorities to hand over possession of Arazi no.148-Kha, admeasuring 120ft. X 35ft. back to the petitioner, in compliance with the order of the Sub-Divisional Magistrate, Meja, Prayagraj, dated 12.08.2011, passed in Case No. 4/4/4/9/12/13/14/27/30 of 2010-11, Indrakali vs. Uchit Narayan and others, within a determinate period of time.

2. Heard Mr. D.K. Ojha, learned Counsel for the petitioner, Mr. Anurag Rai, learned Advocate appearing on behalf of non-party, Smt. Gudiya, under Chapter XXII Rule 5A of the Rules of the Court and Mr. Dinesh Kumar Srivastava, learned A.G.A. appearing on behalf of respondent nos.1 to 4. No one appears on behalf of respondent nos.5 to 8.

3. The facts, leading to the present writ petition, are that the Sub-Divisional Magistrate, Meja, Prayagraj passed a preliminary order, under Section 145(1) of the Code of Criminal Procedure (for convenience, ''Cr.P.C.), requiring the first party, Smt. Indrakali (the petitioner) and the second party, Uchit Narayan and his three sons, to appear on 05.07.2018 and put in their respective written statements about their claims t

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