Faujdar and Another v. State of U.P. and 2 Others

Court No. - 21 Case :- WRIT - C No. - 33794 of 2023 Petitioner :- Faujdar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shachindra Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Donadi Ramesh,J.

¶1Supplementary affidavit filed on behalf of the petitioners, is taken on record.

¶2The petitioners claim that the State-respondents are trying to construct water-tank over his bhumidiahri land bearing Plot Nos. 1854 and 2024, village Kathauli Tappa Chaurasi (Khairagarh), Tehsil Meja, District Prayagraj.

¶3The case of the petitioners is that the respondents have not acquired the land of the petitioners but still by using force, they are trying to construct water-tank. The petitioners have filed a suit for permanent injunction against certain private persons and in which an order of temporary injunction is operating in their favour.

¶4The petitioners have brought on record the plaint of the suit filed by them against private persons by means of supplementary affidavit. It appears that in the said suit, an order of injunction was also passed in favour of the petitioners.

¶5Shri Rajiv Gupta, learned Additional Chief Standing Counsel submits that the claim of the petitioners would be decided by the Committee in terms of the Government Order dated 12 May 2016.

¶6Accordingly, without expressing any opinion on merit, the writ petition is disposed of with liberty to the petitioners to file representation along with true attested copy of the instant order before respondent No. 2 within two weeks from today. Respondent No. 2 will place the representation before the Committee for being decided in accordance with law within next twelve weeks after hearing the petitioners and the defendants of Original Suit No. 785 of 2023 as there seems to be dispute between the petitioners and the defendants of the said suit. The decision so taken by the Committee shall be communicated to the parties. Order Date :- 13.10.2023 Mukesh Kr. (Donadi Ramesh,J.) (Manoj Kumar Gupta,J.) High Court of Judicature at Allahabad