Disposed

Smt.Prakasho Devi and 4 Others v. State of U P and 4 Others

Allahabad HC3 Feb 2021WRIC/26681/2020

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition directing the petitioners to approach the competent authority under the District Disaster Management Resolution dated 30.09.2020 regarding agricultural land sale procedures.

What did the court decide?

Directing petitioners to approach competent authority within two weeks; authority to proceed per Resolution dated 30.09.2020.

Smt.Prakasho Devi and 4 Others Vs State of U P and 4 Others — Allahabad HC (2021) — LawSathi Research

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Court No. - 21

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Case :- WRIT - C No. - 26681 of 2020

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Petitioner :- Smt.Prakasho Devi And 4 Others Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Sudhir Dixit,Utkarsh Dixit Counsel for Respondent :- C.S.C.,Anupam Shyam Dwivedi

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.

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Heard Shri Sudhir Dixit, learned counsel for the petitioners and Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for the State respondents.

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The present writ petition has been preferred for a direction commanding the respondents to entertain the documents for the sale of the agricultural land situated in Flood Plain Zone and to permit the execution of the sale deeds by following the procedure as provided in Para 30 (iii) of the Resolution dated 30.09.2020, passed by respondent no.2-District Disaster Management Authority, Gautam Budh Nagar and not to refuse totally the sale deeds of the petitioners under the garb of above noted Resolution dated 30.09.2020. Further prayer has been made to command the respondents not to create any obstruction in carrying out business on road side Patri.

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In response to the order dated 21.01.2021, Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel has placed detailed instruction dated 27.01.2021 sent by the District Magistrate, Gautam Budh Nagar, wherein, the resolution dated 30.09.2020 passed by the Committee of District Disaster Management of Gautam Budh Nagar, constituted under Section 25 of the Disaster Management Act, is appended. The said instructions are taken on record.

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Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel fairly submits that so far as meeting dated 30.09.2020, a deemed position of law/rules and relevant facts have been considered and in large public interest decision has been taken to mitigate the situation. He submits that as per the resolution dated 30.09.2020, the Additional District Judge (Finance and Revenue), District Gautam Budh Nagar is the competent authority to remedy the situation.

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In the facts and circumstances of the case, no useful purpose would be served in keeping the writ petition pending consideration.

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With the consent of parties, the present writ petition stands disposed of asking the petitioners to move an appropriate application/representation before the Competent Authority within two weeks time and in case any such application/representation is being moved, definitely the Authority concerned would proceed strictly in accordance with the aforesaid resolution and redress the situation accordingly.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

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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 :- 3.2.2021 A. Pandey

Smt.Prakasho Devi and 4 Others v. State of U P and 4 Others

Case brief

What is this about?

What did the court decide?

Smt.Prakasho Devi and 4 Others v. State of U P and 4 Others

Case brief

What is this about?

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What the court decided

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