Petitioner challenged excess land possession by State beyond acquired area. Court directed District Magistrate to decide purchase or return of excess land within 45 days and disposed petition.
Directive to District Magistrate to decide on purchase or return of excess land within 45 days.
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Chief Justice's Court
Case :- WRIT - C No. - 3904 of 2019 Petitioner :- Ram Sumer Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Sanjay Pandey Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,Chief Justice Hon'ble Saurabh Shyam Shamshery,J.
This petition for writ is preferred to have an appropriate writ, order or direction for respondents to purchase the excess acquired land of the petitioner having area measuring 3172.53 square meters at Arazi No. 147, Mauza Katahula Gauspur, Tehsil Sadar, District Allahabad.
From perusal of the documents annexed with the petition for writ, it appears that though the acquisition proceedings were pertaining for acquisition of 3620 square meters of land but possession has been taken for a land measuring 9895.89 square meters. The Revenue Authorities too after demarcation of the land accepted the position aforesaid and made a recommendation either to execute an additional sale deed for the purchase of excess land or to return the land occupied in excess. The petitioner before approaching this Court submitted a representation dated 31.03.2018 to the District Magistrate, Allahabad, a copy whereof is available on record as Anexure No. 5.
Having considered the facts stated above, we deem it appropriate to direct the District Magistrate, Allahabad to decide the entire issue as referred in the reports dated 22.03.2012 and 13.01.2018 available on record at Page-38 and as ventilated in the representation dated 31.03.2018 (Annexure No. 5) within a period of 45 days from the date, the petitioner presents a certified copy of this order before him alongwith a copy of this petition for writ.
With the directions above, the writ petition stands disposed of.
Order Date :- 18.2.2019 Shubham
(Saurabh Shyam Shamshery, J.) (Govind Mathur, C.J.)
2 issues framed by the court
Whether the State is liable to purchase excess acquired land taken beyond the sanctioned area or return the same.
Whether the District Magistrate should be directed to decide the issue regarding excess land acquisition within 45 days.
1 provisions across 1 enactments
Ram Sumer
State Of U P
2 Others
Govind Mathur
Saurabh Shyam Shamshery
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
