Loknath Patel And 4 Others v. State Of Up And 4 Others

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.)