Allowed

Sri Shankar Inter College Deeha through Its Manager and Another v. State of U.P. and 6 Others

Allahabad HC13 Dec 2021WRIC/13203/2021

Case brief

AI extract

What is this about?

The High Court quashed a District Magistrate's order directing rent deposit into the Gaon Sabha account. The Court held that petitioners' land rights are undetermined pending consolidation proceedings under the U.P. Consolidation of Holdings Act. Authorities were restrained from taking action until the competent authority decides the appeal, with an order for expedited disposal.

What did the court decide?

Director the District Magistrate's order to deposit rent in Gaon Sabha account to await disposal of pending consolidation proceedings; restrain coercive measures against petitioner.

Sri Shankar Inter College Deeha through Its Manager and… — Land Acquisition | Allahabad HC (2021)

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Court No. - 40

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Case :- WRIT - C No. - 13203 of 2021

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Petitioner :- Sri Shankar Inter College Deeha Through Its Manager And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ram Pratap Yadav,Devbratt Yadav Counsel for Respondent :- C.S.C.,Nitinjay Pandey,Vijay Kumar Dixit

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Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.

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This petition has been filed challenging an order dated 9th February, 2021 passed by the District Magistrate, Azamgarh, which records that Plot No.285 area 27.674 acres corresponding to new Plot No.285 area 11.200 hectares land was recorded in the name of State (Usar) and that the name of the petitioners' institution got fraudulently recorded over it.

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It is in this context that the District Magistrate, Azamgarh has directed the Regional Manager of Food Corporation of India to deposit rent of the godowns in the account of the Gaon Sabha directly. This order of the District Magistrate, Azamgarh is challenged in the writ petition.

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It appears that the Consolidation Officer also expunged the revenue entry in favour of the petitioner on 16th September, 2019 and a restoration filed was also rejected.

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The order passed by the Consolidation Officer expunging the name of petitioner has been challenged in appeal before the Settlement Officer Consolidation and an application for interim relief has also been filed in the matter. The appeal, however, was not decided and the authorities were proceeding against the petitioner on account of which, the petitioner approached this Court by filing Writ-B No.539 of 2021 which has been disposed of by following orders passed on 19th April, 2021:-

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"Heard Sri R.P. Yadav, learned counsel for the petitioner, Sri Rameshwar Prasad Shukla, learned counsel for the Gaon Sabha and learned Standing Counsel for the State.

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By means of this petition under Article 226 of the Constitution of India, the petitioner has prayed for disposal of his pending appeal and stay application filed therein pending before the Settlement Officer (Consolidation), Azamgarh.

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Considering the facts and circumstances, the writ petition is disposed of

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with the direction that the Settlement Officer (Consolidation), Azamgarh shall proceed to decide the appeal no.1501 of 2019 as expeditiously as possible preferably with a period of three months from the date of production of copy of this order.

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It is further provided that the pending Stay Application shall be considered and disposed of within a period of 15 days on its merits after hearing all the concerned parties, from the date of production of copy of this order.

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However, in the meanwhile, it is further provided that no coercive measure shall be taken against the petitioner during pendency of the stay application. This interim protection granted shall abide by the order to be passed in the pending interim relief application.

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Settlement Officer (Consolidation), Azamgarh shall comply with the order in the light of the observations made hereinabove.

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Order available on the official website of the High Court shall be treated to be genuine and authentic one."

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It appears that during the pendency of the matter before the Settlement Officer Consolidation orders were passed against the petitioner under Section 67 of the U.P. Revenue Code, 2006, which again got challenged before this Court in Writ-C No.9825 of 2021 in which following orders were passed on 26th March, 2021:-

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"Heard learned counsel for the petitioner and Sri Rameshwar Prasad Shukla, learned counsel for the Gaon Sabha.

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After an order was passed by the Tehsildar, Tehsil- Sadar, District Azamgarh on 12.02.2021, the petitioner filed an appeal on 19.2.2021. This appeal was also accompanied by an application for staying the order of the Tehsildar.

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Grievance of the petitioner is that while the appeal was not being decided the order of the Tehsildar dated 12.02.2021 was being implemented.

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Under such circumstances, it is being directed that the appeal be decided within a period of two months after giving a proper number to it. For a period of two months or till the decision of the Appeal whichever is earlier, the effect and operation of the order dated 12.02.2021 shall remain in abeyance."

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The matter is yet to be decided finally by the Settlement Officer Consolidation and the petitioners' appeal along with the stay application are reported to be pending.

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It is, therefore, urged that while rights of petitioner in consolidation proceedings are yet to be determined and the interim protection granted by this Court continues, the authorities of State cannot be permitted to deal with the petitioners' property and the direction to deposit rent in the

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account of Gaon Sabha is wholly uncalled for. The present writ petition has been entertained and interim protection has also been granted.

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We have heard, learned counsel for the petitioner, learned Standing Counsel for the State authorities, Sri V.K. Dixit, learned counsel for respondent no.7 and Sri Nitinjay Pandey, learned counsel for respondent no.6 and perused the materials on record.

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From the respective case put forth by the parties, it remains undisputed as of now that petitioners right over the land is yet to be determined by the Settlement Officer Consolidation before whom the appeal is pending. The order of District Magistrate, Azamgarh impugned in the writ petition dated 9th February, 2021 was passed much prior to the order passed by this Court on 19th April, 2021.

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In view of the subsequent orders passed by this Court, the right of the petitioner is, therefore, required to be examined and determined by the competent authority in proceedings under Section 9-A (2) of the U.P. Consolidation of Holdings Act, 1953.

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Since interim protection has already been granted to the petitioner by this Court in Writ Petition No.539 of 2021, we are of the view that rights of the petitioners would have to be adjudicated in accordance with law by the competent authority. The intervention made by the State authorities, at this stage, therefore, would not be called for. The order passed by the District Magistrate, under challenge, shall therefore await the disposal of proceedings pending under the U.P. Consolidation of Holdings Act. We also direct the competent authority under the U.P. Consolidation of Holdings Act to make all endevours to conclude the pending proceedings expeditiously, preferably within two months by fixing weekly dates without granting any adjournment in the matter.

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The arrangement existing in respect of payment of rent of the godown constructed upon the plot in question would continue and shall abide by the outcome of the orders passed by the authorities under U.P. Consolidation of Holdings Act. The direction issued by the District Magistrate, Azamgarh to deposit rent in the account of Gaon Sabha shall not be given effect to and shall await the final orders passed by the consolidation authorities as per law. The deposit maintained in the separate account pursuant to interim orders passed in writ petition shall be reimbursed to the concerned party in terms of the tripartite agreement existing between the parties and the same shall

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remain subject to the ultimate out come of pending proceedings before the competent authority.

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Writ petition accordingly, stands disposed off.

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Order Date :- 13.12.2021 Bhaskar

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Digitally signed by VIKRAM D Digitally signed by ASHWANI CHAUHAN KUMAR MISHRA Date: 2021.12.16 16:41:10 IST Date: 2021.12.16 16:42:20 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad

Sri Shankar Inter College Deeha through Its Manager and Another v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

Sri Shankar Inter College Deeha through Its Manager and Another v. State of U.P. and 6 Others

Case brief

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What did the court decide?

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