Research › Browse › Judgment

Allahabad High Court · body

1986 DIGILAW 881 (ALL)

Ram Briksha v. State of U. P. Through Collector, Ghazipur

1986-11-05

S.K.DHAON, V.K.KHANNA

body1986
JUDGMENT 1. The petitioner in this writ petition has prayed for a writ of mandamus directing the respondents not to dispossess him from plot no. 1268 citnate in village Nariaon Umarganj Pargana Zamania, District Ghazipur. 2. At the very outset it may be mentioned that despite time being granted to the State Counsel no counter-affidavit has been filed rebutting the allegations made by the petitioner in the writ petition. The petitioner in this writ petition has alleged that no acquisition proceedings under the Land Acquisition Act has taken place in respect of the disputed plot. In our opinion in case the respondents are not possessed with any valid authority to disposes the petitioner under any law, they cannot dispossess the petitioner from plot no. 1268 of which he is owner. Therefore, the petitioner is entitled to a writ of mandamus against the respondents restraining them from taking possession of plot no. 1268 situate in Village Narison alias Umarganj, Pargana Zamania District Ghazipur. 3. For the reasons stated above, the presented writ petition is allowed.