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2025 DAILYLAW 6609 (ALL)

SUDHIR v. STATE

FAPL/544/1993 · 2025-04-10

Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53627 Court No. - 36 Case :- FIRST APPEAL No. - 544 of 1993 Appellant :- Sudhir Respondent :- State Counsel for Appellant :- No/2012 Counsel for Respondent :- S.C. Hon'ble Jayant Banerji,J. 1. The array of parties in the aforesaid first appeal is as under:- "1. Sudhir, minor through his mother Smt. Sumeri as next friend. 2. Sudesh Veer son of Imrat. 3. Birbal son of Shiv Sahai. All resident of village Chipiyana Buzurg, Pargana and Tehsil Dadri, District Ghaziabad. -----------------------------------------------------------Appellants. Versus. State of U.P.----------------------------------------------Respondent." 2. The appellants have filed this appeal under Section 54 of the Land Acquisition Act against the part of award and decree dated 15.2.1986 in Land Acquisition Reference No. 237 of 1982 (Sudhir and others Vs. State of U.P.) by which the District Judge, Ghaziabad has enhanced the compensation payable to the appellants in respect of their 1 Bigha 19 Biswa area of plots nos. 112 Ka and 112 Kha to Rs. 12/- per sq. yard. Further enhancement of compensation was sought in the appeal. 3. When the matter was listed on 22.9.2022, notice to engage another counsel was directed to be issued. 4. Office report is that the notice to engage another counsel was issued to the appellants fixing 6.2.2023. The office report of 10.4.2025 is that undelivered cover of the registered notice sent by registered post to the appellant nos. 1, 2 and 3 have been returned with the remark that "full name and address of the recipient should be mentioned". The report further states that no fresh vakalatnama have been filed on behalf of the appellants. 5. It appears that the appellants are not interested to pursue this appeal which was filed in the year 1986 as First Appeal (Defective) No. 260 of 1986 and later converted to First Appeal No. 544 of 1993. Accordingly, this appeal is dismissed for non-prosecution. 6. The trial court records, if any, are to be returned to the concerned court within fifteen days from today. Order Date :- 11.4.2025 sfa/ (Jayant Banerji, J) Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad