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2024 Supreme(All) 528

MANOJ KUMAR GUPTA, KSHITIJ SHAILENDRA
Akbar Abbass Zaidi – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioners: Priyavrat Tripathi, Ram Adhar Yadav.
For the Respondent: Irfan Chaudhary.

JUDGMENT :

KSHITIJ SHAILENDRA, J.

1. Short counter affidavit filed by Shri Gaurav Tripathi on behalf of respondent Nos. 7 and 8 is taken on record.

2. Heard learned counsel for the petitioner, Shri Rajiv Gupta, learned Additional Chief Standing Counsel for the State-respondent Nos. 1 to 4 and Shri Gaurav Tripathi for the contesting-respondent Nos. 7 and 8. Shri Irfan Chaudhary has accepted notice on behalf of respondent No. 5-Nagar Palika Parishad.

3. This petition has been filed purportedly in public interest by the petitioner-Akbar Abbass Zaidi against nine respondents, out of whom, respondent Nos. 7, 8 and 9 are private respondents. The prayer made in this petition is that respondent No. 2-District Magistrate, Shamli be directed to remove illegal constructions and unauthorized occupation from the land covered by Khata No. 24, area 2.2940 hectare, situated at Village Kairana Under Hadud, Tehsil Kairana, District Shamli, in view of the report submitted by the respondent-Authorities dated 16.09.2023, terming the property as ‘enemy property’. The petitioner further seeks a direction to the respondent-Authorities to decide the petitioner’s representation dated 02.11.2023 within stipulate

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