SHIWA SHANKER CHAUBEY AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIC/11601/2025 · 2025-04-17
Avnish Saxena, Saurabh Dwivedi Registrar J Cpc
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 42790 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42790 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:57420-DB Court No. - 39 Case :- WRIT - C No. - 11601 of 2025 Petitioner :- Shiwa Shanker Chaubey And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. Mr. Ashok Kumar Pandey, learned advocate appears on behalf of petitioners. He submits, there stands made order dated 28th January, 2010 of a Division Bench of this Court in Writ-C no.- 51303 of 2008 (Arun Kumar Mukarjee And Antoher Vs. Chief Secy. Govt. Of U.P. And Others), whereby there was quashing of order dated 4th October, 2007 with direction upon State to restore possession. The order was taken to the Supreme Court by State in Civil Appeal no.7124/ 2010, dismissed on order dated 30th October, 2014. Text of the order is reproduced below.
"Having considered the impugned order of the High Court, we are not inclined to interfere with the same. The appeal is, accordingly, dismissed. Naturally, it will be open to the appellant-State to take necessary steps in terms of the leave granted by the High Court in the impugned order." He seeks direction upon State to restore possession to his clients. On query, Mr. Ashok Kumar Pandey submits, petitioner no.1 has filed the petition as constituted attorney of petitioner nos.2 and 3, who are successors-in- interest of, inter alia, Mr. Arun Kumar Mukharjee, since deceased. Mr. Mohan Srivastava, learned advocate, Standing counsel appears on behalf of State. On query he submits, no notification pursuant to said order dated 28th January, 2010 was issued. Claimants of the property may approach respondent no.4 for possession being
restored. Said respondent upon verifying the claim is to act in accordance with direction made in said order dated 28th January, 2010 of the Division Bench, as taken to be confirmed by the Supreme Court on said order dated 30th October, 2014. With above direction/observation, the writ petition is disposed of. Order Date :- 18.4.2025 Gurpreet Singh (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad