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2016 DIGILAW 1362 (ALL)

Dinesh Kumar Yadav v. State of U. P.

2016-04-12

UMESH CHANDRA SRIVASTAVA, V.K.SHUKLA

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JUDGMENT Dinesh Kumar Yadav and Kashi Prasad are before this Court questioning the validity of the order of learned Single Judge dated 19.2.2016 passed in Writ Petition No. 33441 of 2011 (Dinesh Kumar Yadav Vs. State of U.P. & others) wherein learned Single Judge has proceeded to dismiss the writ petition in question by mentioning that he is not inclined to exercise extraordinary jurisdiction under Article 226 of the Constitution of India. 2. Learned counsel for the petitioner appellants Sri N.L. Srivastava has submitted that in the present case once the land in question has been taken away, then it was obligatory on the part of the State to provide employment in lieu of the same and, as such, impugned order in question is liable to be set-aside. 3. Learned Standing Counsel on the other hand contended that rightful orders have been passed by the learned Single Judge and no interference is required by this Court and special appeal is liable to be dismissed. 4. After respective arguments have been advanced the factual situation that is so emerging in the present case is that petitioner appellants claimed that certain persons have been donated their land for construction of Primary Health Centre at Manikpur, Banda and it was also agreed upon that those land owners, who have donated their land, their son or any other person of their family may be granted employment in the department concerned. Petitioner appellants claimed that land in question has been donated but employment in question has not at all been awarded till date. The claim that has been set-up by the petitioner appellants is misconceived, inasmuch as, the land in question apparently has been donated in the year 1982 and since then more than 30 years period had been elapsed and, accordingly, learned Single Judge has rightly proceeded to dismiss the writ petition in question by clearly mentioning therein that he is not inclined to exercise extraordinary jurisdiction under Article 226 of the Constitution of India. 5. Once there is such a belated challenge and even otherwise employment cannot be provided for in lieu of land having been donated as per the Full Bench judgment of this Court in the case of Ravindra Kumar Vs. District Magistrate, Agra reported in (2005) 1 UPLBEC 118 . 6. Special appeal sans merit and same is dismissed, accordingly.