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2025 DAILYLAW 13337 (ALL)

IMTYAR ALI v. STATE OF U.P.

FAPL/542/1999 · 2025-05-22

Shekhar Kumar Yadav

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87762 Court No. - 36 Case :- FIRST APPEAL No. - 542 of 1999 Appellant :- Imtyar Ali Respondent :- State of U.P. Counsel for Appellant :- Satya Prakash Hon'ble Shekhar Kumar Yadav,J. 1. Heard Mr. Satya Prakash, learned counsel for the appellant and learned Standing Counsel for the State- respondent as well as perused the record. 2. At the outset, learned counsel for the appellant submitted that the present appeal is squarely covered by the decision rendered by a Co-ordinate Bench judgement of this Court dated 15.12.2016 passed in First Appeal No. 121 of 1992, (Abdul Samad Vs. State of U.P.) along with other connected First Appeals filed by the claimants. In the said decision, the impugned judgments in all the appeals were set aside, the land acquisition references were restored, and the matters were remanded to the Reference Court for fresh adjudication in accordance with law within a stipulated period of six months. 3. It is further submitted that the present appeal, which arises from the judgment and decree dated 27.09.1991 passed in Land Acquisition Reference No. 87/86, whereby the reference under Section 18 of the Land Acquisition Act, 1894, filed by the appellants-claimants, was dismissed, is also identical in nature, and therefore, deserves similar treatment. 4. Learned counsel for the appellant accordingly prayed that, in the interest of justice, the matter be remanded to the Reference Court for a fresh decision in light of the aforementioned judgment dated 15.12.2016. 5. Considering the facts and circumstances of the case and in view of the judgment dated 15.12.2016 passed by this Court in First Appeal No. 121 of 1992 (Abdul Samad Vs. State of U.P.) along with connected First Appeals, the present appeal is also disposed of in the same terms. The impugned judgment and decree are set aside, and the matter is remanded to the Reference Court for fresh consideration in accordance with law. 6. However, it is surprising and disconcerting that although this Court had already remanded similar matters way back on 15.12.2016, it has come to notice that the Reference Court has not decided them till date, which clearly amounts to willful disobedience of the order passed by this Court. 7. Accordingly, it is made abundantly clear that, in case, the Reference Court fails to decide the remanded land acquisition references, including the present one, at the earliest possible date, the parties shall be at liberty to invoke the contempt jurisdiction of this Court.. Order Date :- 23.5.2025 Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad