Court No. - 35 Case :- WRIT - C No. - 27172 of 2010 Petitioner :- Satish & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Santosh Kumar Srivastava,Smt. Alka Srivastava Respondent Counsel :- C.S.C.,Anuj Kumar Hon'ble Ran Vijai Singh,J.
While assailing the impugned order learned counsel for the petitioners
submitted that along with the petitioners, lease with respect to 24 other
persons have been granted and approved. But the lease of only 3 persons have
been cancelled on the ground that the land was not vacant on the spot. From
the perusal of the impugned order it is not clear that which portion of the land
was not vacant. There is neither such finding nor there is such order of
demarcation on the spot.
In view of that matter requires consideration.
Issue notice.
Notices on behalf of respondents No. 1 to 3 have been accepted by the office
of the learned Chief Standing Counsel, whereas Sri Anuj Kumar has put in
appearance on behalf of respondent No. 4. Therefore notices need not be
served upon them.
Learned counsel for the respondents are directed to file counter affidavit
within six weeks. Rejoinder affidavit may be filed within two weeks
thereafter.
List thereafter.
Till the next date of listing, as an interim measure without prejudice to the
rights and contentions of the parties, status-quo as on date with respect to the
nature and possession over the lease property shall be maintained.
Order Date :- 28.7.2010
GNY