Disposed

Gyanti Devi v. State of U.P. and 2 Others

Allahabad HC1 Sept 2020WRIC/12308/2020

Case brief

AI extract

What is this about?

The High Court of Allahabad, in a writ petition, directed the Prescribed Authority (Ceiling) in Gorakhpur to dispose of a Section 11(2) application expeditiously, preferably within two months. A stay on dispossession was ordered pending this disposal, though the court clarified it did not adjudicate the merits.

What did the court decide?

Direction to Prescribed Authority (Ceiling), Gorakhpur to decide Section 11(2) application expeditiously within two months; stay on dispossession of petitioner's land.

Gyanti Devi Vs State of U.P. and 2 Others — Property and Title | Allahabad HC (2020)

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Court No. - 10

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Case :- WRIT - C No. - 12308 of 2020

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Petitioner :- Gyanti Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sheo Shankar Tripathi,Adya Prasad Tewari

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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 petitioner 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 Plot Nos. 217 Ka area 2398 Sq. Foot and Plot No. 217 Kha Area 0.009 hectare situate at Village: Koni, Tehsil:Sadar, District: Gorakhpur by the District Administration may be stayed."

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Learned counsel for the petitioner 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 petitioner, 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. 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 two 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 the petitioner on merits. The party shall file computer generated copy of this order downloaded from the official website of High

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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 :- 1.9.2020 Rahul Dwivedi/-

Gyanti Devi v. State of U.P. and 2 Others

Case brief

What is this about?

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Gyanti Devi v. State of U.P. and 2 Others

Case brief

What is this about?

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