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2022 Supreme(All) 722

PRITINKER DIWAKER, ASHUTOSH SRIVASTAVA
Ajay Kumar – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
For the Petitioner:Subhash Chandra Yadav, Advocate
For the Respondents:Akanksha Sharma, Pranjal Mehrotra, Rajnish Kumar Rai, Advocates

JUDGMENT :

1. The writ petitioners who claim to have right, title and interest in Arazi/Plot No. 139M having area 0.0140 hectare, situate in Village Pirallipur, Pargana Haveli, Post Chunar, District Mirzapur, have approached this Court seeking issuance of a writ of mandamus commanding the respondents not to create any interference in their peaceful possession over the said arazi/plot on the ground that the entire proceedings of the acquisition of the plot for special railway project stands lapsed under Section 20-F (2) of the Railways Act, 1989. The petitioners have further prayed that no coercive action be taken against the petitioners during the pendency of the writ petition.

2. The facts giving rise to the controversy involved in the writ petition, briefly stated, as borne out from the record, are that one Chhavinath, father of petitioner No. 1 and husband of petitioner No. 2, was residing in a double storied house constructed over arazi/plot No. 139 and 140 since the time of his ancestors. The Plot No. 139 and 140 were recorded as “Banjar” under category 5-3 ¼³½ in the revenue records with area 0.1390 hectares and 0.3790 hectares, respectively. It may be stated here that an area


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