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2025 DAILYLAW 35348 (ALL)

JANAK KAPOOR v. UNION OF INDIA AND 2 OTHERS

WRIC/9972/2025 · 2025-04-17

Anjani Kumar Mishra, Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57520-DB Court No. - 3 Case :- WRIT - C No. - 9972 of 2025 Petitioner :- Janak Kapoor Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Ashish Dwivedi Counsel for Respondent :- A.S.G.I.,Sanjay Kumar Om Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. Heard learned counsel for the petitioner and Shri Sanjay Kumar Om, learned counsel for the respondents. 2. This writ petition has been filed seeking the following relief:- "I. Issue a writ, order or direction in the nature of Certiorari quashing the order dated 13/02/2025 (Annexure No. 11) issued by respondent no. 3 and the notice dated 04/11/2024 (Annexure No. 10) issued by respondent no.2. II. Issue a writ, order or direction in the nature of Mandamus commanding the respondents not to dispossess the petitioner from the property in dispute in pursuance of order dated 13/02/2025." 3. Under challenge is the notice dated 13.02.2025 issued by the respondent No. 3 to Shri Ravi Agarwal and Shri Rajesh Agarwal Sons of Late Namo Narayan Agarwal, who are not petitioners in the petition. 4. Further, the aforesaid notice refers to a resumption notice issued by the Government of India dated 14.11.2024 in respect of Bungalow No. 12, GLR Sy. No. 179 admeasuring 2.8650 acre of B-3 Defence land, held on old grant terms and placed under the management of respondent No.3. 5. The aforesaid resumption notice of 14.11.2024 is not under challenge, neither are the noticees of the notice dated 13.02.2025 before us. 6. The matter being a grant of defence land on the Category B-3 and on old grant terms, resumption of the same can be made by the respondents at any time after due notice to the persons who are holders of occupancy right and are recorded as such in GLR. 7. Nothing has been demonstrated by the petitioners otherwise. 8. As such, there is no merit in the instant writ petition and particularly so in view of the matter that the petitioners are not noticees, the petition is therefore, dismissed. Order Date :- 18.4.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad