Quashed

R.R.A Developers Pvt. Ltd. v. State of U.P. and 6 Others

Allahabad HC31 Oct 2019WRIC/30997/2019

Case brief

AI extract

What is this about?

This writ petition challenged orders rejecting a petitioner's land claim based on a report containing factual inaccuracies regarding ownership. The court quashed the impugned orders and report due to these discrepancies, granting the petitioner liberty to submit their claim afresh for a fresh order.

What did the court decide?

Impugned orders dated 08.08.2019 and 05.01.2019, and report dated 22.12.2018, quashed; liberty to respondents to pass fresh order within 3 months.

R.R.A Developers Pvt. Ltd. Vs State… — Constitutional and Fundamental Rights | Allahabad HC (2019)

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Court No. - 29

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Case :- WRIT - C No. - 30997 of 2019

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Petitioner :- R.R.A Developers Pvt Ltd Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Sudeep Harkauli Counsel for Respondent :- C.S.C.,Asim Kumar Singh,Suresh C. Dwivedi

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Hon'ble Pankaj Mithal,J. Hon'ble Vivek Agarwal,J.

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Heard Sri Sudeep Harkauli, learned counsel for the petitioner, Sri M.C. Chaturvedi, Additional Advocate General representing the respondents No. 1 to 6 and Sri Asim Kumar Singh, learned counsel for respondent No.7.

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The challenge in this petition is to the orders dated 08.08.2019 and 05.01.2019 which have been passed on the basis of the report dated 22.12.2018 rejecting the representation of the petitioner with regard to rights over part of land of Khasra No. 2123 area 0 bigha 12 biswa 0 biswansi equivalent to 0.13824 hectares situate in Gram Basai, District Agra.

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The petitioner claims that the land in dispute was purchased by it under a registered sale deed from the erstwhile owner and that it vests completely and absolutely in the petitioner with which the respondents have no concern at all.

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On the other hand, Agra Development Authority is claiming the said land to have been given to it by the State after it was declared to be surplus under the Urban Ceiling in the hands of Smt. Pancho Devi and its possession was taken over by the State.

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Thus, on the basis of such a report that the land was declared to be surplus under the Urban Ceiling in the hands of Smt. Pancho Devi that the representation of the petitioner claiming the said land was rejected by the impugned orders.

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Sri Chaturvedi on behalf of Agra Development Authority has filed counter affidavit bringing on record certain documents and stating that the aforesaid land was declared to be surplus but not in the hands of Smt. Pancho Devi but otherwise and after completion of all formalities as contemplated under the Urban Ceiling the land had vested in the State and was ultimately put in possession of the Development Authority.

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The State in its short counter affidavit also accepts the above position.

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In short, the stand of the Development Authority and the State as taken today is quite different from the facts as stated in the report dated 22.12.2018 which forms the basis of the impugned order.

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In view of the aforesaid facts and circumstances, we are of the opinion that the impugned orders cannot be sustained in law so also the report dated 22.12.2018.

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Accordingly, with the consent of the parties, we dispose off the writ petition after quashing the impugned orders dated 08.08.2019 and 05.01.2019 as well as the report dated 22.12.2018 with liberty to the respondents to consider the representation of the petitioner once again afresh and to pass a fresh order in accordance with law with regard to the claim set up by it in the portion of land of Khasra No. 2123 as aforesaid.

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It is expected that the respondents would investigate the matter and after due verification of the documents or the material on record would pass a fresh order in accordance with law most expeditiously preferably within a period of 3 months, if necessary, after giving due opportunity of hearing to all concern.

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The writ petition stands disposed off accordingly.

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Order Date :- 31.10.2019 Nirmal Sinha

R.R.A Developers Pvt. Ltd. v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

R.R.A Developers Pvt. Ltd. v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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