Dismissed

Land Management Committee Gram Arshadpurblock v. State of U.P. and 2 Others

Allahabad HC12 Apr 2019WRIC/12913/2019

Case brief

AI extract

What is this about?

The petitioner, a Land Management Committee, sought quashing of an order resuming land vested in it for establishing a Government Shelter Home. The Single Judge, relying on a prior Division Bench dismissal, held that the authority's decision on the location for public purpose warrants no interference in the matter.

What did the court decide?

Writ petition dismissed for lack of merit; order dated 22.9.2018 upholding land resumption stands affirmed.

Land Management Committee Gram Arshadpurblock Vs State of… — Land Acquisition | Allahabad HC (2019)

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Court No. - 39

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Case :- WRIT - C No. - 12913 of 2019

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Petitioner :- Land Management Committee Gram Arshadpurblock Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Yadav Counsel for Respondent :- C.S.C.

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Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.

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Heard Sri Manoj Kumar Yadav, learned counsel for the petitioner and learned Standing Counsel for the respondents.

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The petitioner in the writ petition is seeking quashing of the order dated 22.9.2018 whereby the Commissioner, Varanasi Division, Varanasi has resumed the land which otherwise is vested in the Land Management Committee of Gram Sabha Arshadpur Jangipur, Tehsil Sadar, District Ghazipur.

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We find that earlier PIL No. 4772 of 2018 had been filed wherein a Coordinate Bench of this Court has passed an order on 7.12.2018 which reads as under :

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"This petition for writ is preferred to have to challenge the order dated 22nd September, 2018 passed by the Commissioner, Varanasi Division, Varanasi, taking possession of the land referred therein for the purposes of establishing a Government Shelter Home.

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The submission of learned counsel appearing on behalf of the petitioner is that the other adequate land is available in the village concerned to establish Government Shelter Home, and therefore, the action of the authorities in taking possession of the land which is otherwise required to be utilized for a purpose settled by the Land Management Committee, Gram Sabha, is not in public interest.

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We do not find any merit in the argument advanced. The Commissioner, Varanasi Division, Varanasi, has resumed the land after adhering to the procedure prescribed and the question as to which is the best place to execute a public purpose, is in domain of the authority competent and not for the petitioner. In such circumstance, no interference in the matter is warranted. The writ petition is dismissed ."

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In view of the order passed by the Division Bench of this Court dated 7.12.2018, we do not find any good ground for interference in the impugned order dated 22.9.2018.

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The writ petition lacks merit and is accordingly dismissed.

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Order Date :- 12.4.2019 nd

Land Management Committee Gram Arshadpurblock v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Land Management Committee Gram Arshadpurblock v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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