AGRA DIOCESAN TRUST ASSOCIATION AND ANOTHER v. State of UP AND 3 OTHERS
WRIC/30908/2024 · 2025-01-24
Ashwani Kumar Mishra, Donadi Ramesh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 96397 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 96397 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:12676-DB Court No. - 29 Case :- WRIT - C No. - 30908 of 2024 Petitioner :- Agra Diocesan Trust Association And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Santosh Yadav Counsel for Respondent :- Abhinava Krishna Srivastava,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. While entertaining the present writ petition, this Court passed following orders on 23.9.2024:-
"1. Heard Shri Shashi Nandan, learned Senior Advocate assisted by Shri Santosh Yadav,
learned counsel for the petitioners, Dr. D.K. Tiwari, learned Additional Chief Standing Counsel for the State and Shri Sandeep Kumar Dubey, holding brief of Shri Abhinava Krishna Srivasava, learned counsel for the Nagar Nigam Kanpur Nagar.
2. Submission is, petitioners are running a minority institution over the land in issue. Petitioners hold perpetual lease over the land in issue. The lease is subsisting. No proceeding exists to cancel the subsisting lease of the petitioners. Yet, without any legal basis, a notice has been scribbled on the boundary wall of the petitioners' institution requiring it to vacate the land in issue. Averments have also been made of verbal threats handed out to the petitioners' trust in that regard.
3. Learned Additional Chief Standing Counsel for the State prays for and is granted three days' time to obtain written instructions with respect to the facts noted above.
4. Put up as fresh on 30.09.2024.
5. Till the next date of listing, no coercive measures may be adopted against the petitioners." As per the instructions of the respondents, notices against the petitioners were issued by the State invoking its jurisdiction under The Uttar Pradesh Nazul Properties (Management and Utilization for Public Purposes) Ordinance, 2024. It is admitted that the aforesaid ordinance has lapsed as a period of six months have expired and no enactment has been passed by the competent legislature. Once that be so, there is no apparent cause of action that survives to the petitioner to press the petition any further. Writ petition, accordingly, stands disposed of.
Order Date :- 24.1.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad