Monday, June 25, 2012

Allahabad HC in Vijay Pratap Narain Singh vs. Bhagwan Prasad Tiwari & Others

HIGH COURT OF JUDICATURE AT ALLAHABAD  
Court No. - 4
Case:- WRIT – C No. - 11016 of 2012

Petitioner:- Vijay Pratap Narain Singh
Respondent:- Bhagwan Prasad Tiwari And Others
Petitioner Counsel:- S.K. Mishra
Respondent Counsel:- C.S.C.,Anuj Kumar, S.K. Tripathi

Hon'ble Prakash Krishna, J.
Issue notice to respondent no. 1.

Respondents no. 2, 6 & 7 are represented by learned standing counsel and counsel for Gaon Sabha. Notices on behalf of 3 & 4 have been accepted by Shri S.K. Tripathi. Respondent no. 5 is present in person who accepts the notice.

Respondent no. 5 submits that in view of directions given by the Apex Court in the case of Jagpal Singh & others v. State of Punjab & others, 2011 AIR SCW 990, proceedings are being initiated against unauthorized occupants by Gaon Sabha. According to him, the petitioner is one of those occupants.

As prayed, two weeks time is granted to file counter affidavit. Rejoinder affidavit, if any, may be filed within a period of one week thereafter.

List on 16th March, 2012.

By way of clarification, it may be added that pendency of the writ petition will not come in the way of the court below to dispose of the application and appeal relating to grant of temporary injunction.

(Prakash Krishna,J)
Order Date :- 28.2.2012

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