Court No. - 6 Case :- WRIT - C No. - 4670 of 2010 Petitioner :- Pukhraj Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- Ramesh Kumar Shukla Respondent Counsel :- C.S.C.,Mahesh Narain Singh Hon'ble Pankaj Mithal,J.
Heard Sri Ramesh Kumar Shukla, learned counsel for the petitioner and
learned Standing Counsel for the respondent nos. 1 to 3.
Sri M.N.Singh has accepted notice on behalf of the respondent no. 4.
The petitioner was granted lease of the land in dispute in the year 1999 for a
period of 30 years. The said lease was cancelled by the impugned order dated
30.12.2008 which is totally non-speaking in nature and has been passed solely
on the basis of the ex parte report dated 8.12.2008. The said order is said to
have been passed without giving any notice or opportunity of hearing to the
petitioner.
All the respondents are allowed six weeks for filing counter affidavit. Two
weeks thereafter are allowed to the petitioner for filing rejoinder affidavit.
List after expiry of above period along with Writ Petition No. 42006 of 2009.
Until further order of this Court, operation of the impugned order dated
30.12.2008 shall remain stayed and the petitioner shall not be evicted from the
land in dispute.
Order Date :- 4.2.2010
RMY