Partly allowed

Small Transporter Motor Transport Cooperative Societies Ltd. and 2 Others v. State of U P and 2 Others

Allahabad HC2 Sept 2020WRIC/12114/2020

Case brief

AI extract

What is this about?

The High Court directed the Prescribed Authority in Gorakhpur to expeditiously decide the petitioner's ceiling application within three months. The court stayed dispossession of the subject land pending such disposal, clarifying it did not adjudicate the claim on merits.

What did the court decide?

Direction to the Prescribed Authority to decide the application under Section 11(2) within three months; stay on dispossession of the new plot pending such decision.

Small Transporter Motor Transport Cooperative Societies… — Land Acquisition | Allahabad HC (2020)

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Court No. - 10

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Case :- WRIT - C No. - 12114 of 2020

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Petitioner :- Small Transporter Motor Transport Cooperative Societies Ltd. And 2 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Sheo Shankar Tripathi,Adya Prasad Tewari Counsel for Respondent :- C.S.C.

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Hon'ble Piyush Agrawal,J.

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Heard Shri Adya Prasad Tewari, learned counsel for the petitioners and learned standing counsel for the State - respondents.

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This writ petition has been filed, amongst other, following relief:-

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"(i) issue a writ, order or direction in the nature of mandamus commanding the Prescribed Authority to process and decide the application u/s 11(2), U.P. Imposition of Ceiling on Land Holdings Act by passing reasoned speaking order in accordance with law within the time frame and till the disposal of the aforesaid application the dispossession of the petitioner from new Plot Nos. 885 (old plot no. 351/M) area 4.3 acre situate at Village: Koni, Tehsil:Sadar, District: Gorakhpur by the District Administration may be stayed."

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Learned counsel for the petitioners submits that on the one hand the application under section 11(2) of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as, the Act of 1960') is pending before the Prescribed Authority, on the other hand the authorities are trying to dispossess the petitioner from the land in dispute.

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To the submission made by the learned counsel for the petitioners, learned standing counsel has no objection in so far as the expeditious disposal of the petitioner's application is concerned.

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No useful purpose will be served by keeping the matter pending.

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This writ petition is disposed of with a direction upon the Prescribed Authority (Ceiling), Gorakhpur to decide the petitioner's application under section 11(2) of the Act of 1960 expeditiously, preferably, within a period of three months from the date of production of a copy of this order.

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It is made clear that the Court has not adjudicated the claim of

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the petitioners on merits.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The computer generated copy of such order shall be self attested by the party concerned.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 2.9.2020 Rahul Dwivedi/-

Small Transporter Motor Transport Cooperative Societies Ltd. and 2 Others v. State of U P and 2 Others

Case brief

What is this about?

What did the court decide?

Small Transporter Motor Transport Cooperative Societies Ltd. and 2 Others v. State of U P and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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