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2025 DAILYLAW 107457 (ALL)

ALI RAZA AND 8 OTHERS v. State of UP AND 3 OTHERS

WRIC/38656/2024 · 2025-05-06

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73559-DB Court No. - 21 Case :- WRIT - C No. - 38656 of 2024 Petitioner :- Ali Raza And 8 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Aman Kumar,Imtiaz Husain Counsel for Respondent :- Abhinava Krishna Srivastava,C.S.C.,Krishna Mohan Asthana Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Heard Shri Aman Kumar, learned counsel for the petitioners, learned Standing Counsel for the State-respondents and learned counsel for MDA. 2. The petitioners have prayed for a writ of mandamus restraining the respondents from interfering in their possession over Gata nos. 891 ममि area 0.0650 hectare, 855 area 0.0850 hectare and 871 क area 0.0770 hectare situated at Village- Bhoganpur Mithauni @ Sirikue, Tehsil- Moradabad, District- Moradabad and to decide their application dated 03.10.2024 filed before respondent no.3. 3. The petitioners claim title over the aforesaid land and they have filed a copy of the khatauni in support of the same. 4. Learned counsel for MDA took the stand that some part of the land was acquired and the remaining part is under its management. A copy of the award, evidencing that part of the subject land was acquired, has also been placed on record. It evidences that part of Plot nos.891 and 855/1139 was acquired and award was declared on 22.04.2025. 5. In respect of other part of the land, it is admitted that there is some dispute pending. 6. In view of the above, we direct respondent no.3 to pass a speaking order after examining the claim of the petitioners and that of respondent no.2 i.e., Moradabad Development Authority, Moradabad within twelve weeks from the date of communication of the instant order alongwith a fresh representation. 7. The petition stands disposed of accordingly. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 7.5.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad