1

Court No. - 6

Reserved

A.F.R.

Case :- SECOND APPEAL No. - 172 of 2021

Appellant :- Ishlam

Respondents :- State of U.P. and 5 others

Counsel for Appellant :- Mr. Ramendra Asthana, Advocate

Counsel for Respondents :- Mr. Devendra Dahma, Advocate

for respondent Nos. 5 and 6 and Mr. Girijesh Tripathi, Standing

Counsel for respondent Nos. 1, 2 and 3

Hon'ble J.J. Munir,J.

1.

This is a plaintiff's second appeal arising out of a suit for

declaration and permanent injunction. The plaintiff-appellant's

suit has been dismissed by both the Courts below.

2.

How could a man go without a remedy against a

summary determination of his right to property, with no Court of

determinative jurisdiction hearing him, is a question of the most

fundamental importance. It is this essential issue involved in the

appeal, which led this Court to admit this appeal to hearing on

two substantial questions of law formulated on one day and

then add one more before hearing commenced. The following

substantial questions of law are involved in this appeal:

1. Whether in view of the law laid down by this Court in

Rajendra Singh vs. State of U.P. and others, 2008 (4)

ADJ 37, holding that the remedy against