Partly allowed

Suresh Kumar v. Collector, District Pilibhit and 2 Others

Allahabad HC4 May 2020WRIC/7114/2020

Case brief

AI extract

What is this about?

In chamber writ petition where petitioner, a Scheduled Caste member, sought transfer of land under Section 98 of U.P. Revenue Code, 2006 pending Collector's action for over a year. Court directed the 1st respondent to pass an appropriate order within six weeks of normal office resumption due to COVID-19 restrictions, without hearing counsel. Liberty reserved for recall or review.

What did the court decide?

The 1st respondent directed to pass an appropriate order on the pending application within six weeks from the date of resumption of normal working in the office concerned.

Suresh Kumar Vs Collector, District Pilibhit and 2 Others — Land Acquisition | Allahabad HC (2020)

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In Chamber

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Case :- WRIT - C No. - 7114 of 2020

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Petitioner :- Suresh Kumar Respondent :- Collector, District Pilibhit And 2 Others Counsel for Petitioner :- Siddharth Nandan Counsel for Respondent :- C.S.C.

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Hon'ble Ashwani Kumar Mishra,J.

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This petition is placed before the Court in Chambers by the Registry, as the precautions required to be taken up in view of the COVID-19 pandemic requires various strict measures, including following of social distancing etc. Consequently, the appearance of parties and their counsel/s is dispensed with. I have perused the records.

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Petitioner has moved an application for grant of permission under Section 98 of U.P. Revenue Code, 2006 to transfer her land in favour of respondent no.3. Petitioner belongs to schedule caste and by virtue of Section 98 of the Revenue Code she can transfer her land with the permission of the Collector. It is submitted that necessary ingredients contemplated in sub-Sections (a) and (b) of Section 98 of the Revenue Code are made out and an application has been filed in that regard which is engaging the attention of the Collector since 6.12.2019. It is also alleged in para 9 that a report is also submitted on 16.1.2020 but thereafter no orders have been passed upon petitioner's pending application. Prayer is made to command the respondents to take an appropriate decision particularly as a agreement to sale has been executed by the petitioner in favour of respondent no.3.

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In the facts and circumstances noticed above, this petition is disposed of with a direction upon the 1st respondent to pass an appropriate order upon petitioner's pending application within six weeks' from the date of resumption of normal working in the office concerned.

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The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.

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Since this order has been passed in the peculiar facts and circumstances without hearing the counsels for the parties concerned, liberty stands reserved to either of the parties to apply for recall/review of the order in case they feel so aggrieved.

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Order Date :- 4.5.2020 Abhishek Singh

Suresh Kumar v. Collector, District Pilibhit and 2 Others

Case brief

What is this about?

What did the court decide?

Suresh Kumar v. Collector, District Pilibhit and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Parties & counsel

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