Neutral Citation No. - 2024:AHC:95563-DB
Court No. - 21
Case :- WRIT - C No. - 18076 of 2024
Petitioner :- Loknath Patel And 4 Others
Respondent :- State Of Up And 4 Others
Counsel for Petitioner :- Ramji Singh Patel
Counsel for Respondent :- C.S.C.,Ravi Prakash Pandey
Hon'ble Manoj Kumar Gupta,J.
Hon'ble Kshitij Shailendra,J.
1. The instant petition has been filed praying for a direction to
respondent No.2 to decide the representation of the petitioners
dated 11.05.2024 purportedly under Section 17 of the U.P. Urban
Planning and Development Act, 1973.
2. Counsel for the respondent-Authority states that the petitioners
are subsequent purchasers and cannot claim restoration of the land.
3. In rebuttal, counsel for the petitioners says that the original
tenureholders are also party to the instant petition.
4. In the representation, we find no assertion to the effect that the
acquired land was not used for the purpose, for which, it was
acquired which is sine qua non for applicability of Section 17. As
such, we are not inclined to issue any direction.
5. The writ petition is, dismissed, accordingly.
6. It shall be open to the petitioners to file a fresh application
before the authorities, if so advised.
Order Date :- 27.5.2024
Jyotsana
(Kshitij Shailendra, J.) (Manoj Kumar Gupta, J.)