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Neutral Citation No. - 2025:AHC:90065-DB Court No. - 21 Case :- WRIT - C No. - 17153 of 2025 Petitioner :- Bhagwan Deen Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Singh,Nitish Singh Counsel for Respondent :- Abhinava Krishna Srivastava,Anand Prakash Paul,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The previous writ petition of the petitioner bearing No.7714 of 2025 in relation to his grievance that the respondents have illegally constructed a road on the vacant land on the back side of his house situated over Arazi no.520 was disposed of with direction to Vice- Chairman, Kanpur Development Authority to decide the representation, as may be made by the petitioner, in this behalf.
2. The impugned order records that the name of Jwala and others is recorded over Plot No.159M area 0.0200 hectare. It is also recorded that the name of the tenure holders over Arazi no.159 has been expunged on basis of certain enquiry got held by a Joint Enquiry Committee. The original entry relating to Talab (land sub- merged in water) has been restored.
3. Learned counsel for the petitioner submits that the entire claim of the petitioner was based on Arazi no.520, as was also duly recorded in the previous order of this court dated 18.03.2025 in Writ-C No.7714 of 2025, but there is no consideration of the said claim at all.
4. Shri Abhinava Krishna Srivastava, learned counsel appearing on behalf of KDA is not in a position to show from the impugned
order that there is any consideration or any finding recorded by the Vice-Chairman, KDA in regard to Arazi No.520, although, on the first page, it is specifically noted that the petitioner is claiming title on basis of his claim over Arazi no.520.
5. As there is total non-application of mind to the claim of the petitioner in respect of Arazi no.520, which was the basis for disposing of the previous writ petition, therefore, the impugned
order dated 21.04.2025 is hereby quashed. The Vice-Chairman
Kanpur Development Authority, Kanpur is directed to pass a fresh
order on the representation of the petitioner filed in compliance of the previous order dated 18.03.2025 in Writ-C No.7714 of 2025 within a period of six weeks from the date of communication of the instant order after providing opportunity of hearing to the petitioner.
6. The writ petition stands disposed of accordingly. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.)
Order Date :- 27.5.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad