Disposed

Virendra Kumar Saxena v. State of U.P. and 3 Others

Allahabad HC16 Aug 2023WRIC/14634/2023

Case brief

AI extract

What is this about?

In a writ petition, the Allahabad High Court directed authorities to consider the petitioner's claim for allotment of additional vacant land. The court stayed coercive steps and construction while a fresh representation is pending.

What did the court decide?

Permit to approach respondent no.3; stay on coercive steps for land allotment consideration; status quo maintained.

Virendra Kumar Saxena Vs State of U.P. and 3 Others — Land Acquisition | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:164866-DB

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Court No. - 46

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Case :- WRIT - C No. - 14634 of 2023

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Petitioner :- Virendra Kumar Saxena Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vivek Kumar Mishra Counsel for Respondent :- C.S.C.,Ajit Singh,Vivek Saran

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Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J.

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Petitioner's father had been allotted plot no.174 in Scheme No.1, Civil Lines, Awas Vikas Colongy, Rampur. It appears that there is some additional land lying vacant adjacent to plot no.174, measuring 38.96 meter. A letter has been issued to the petitioner by the Housing Board on 30.08.2022 desiring petitioner's consent for allotment of such additional land. Petitioner claims that he has already given his consent for allotment of land and is also willing to pay the requisite amount due for such allotment. Grievance of the petitioner is that the authorities instead of considering the issue of allotment of additional land are now forcing the petitioner to remove certain structures which have allegedly been raised upon such land vide notice/order dated 29.03.2023. It is submitted that no useful purpose would be served in demolishing the structure if the land beneath such construction is likely to be allotted to the petitioner.

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Learned counsel for the respondent Housing Board states that grievance of the petitioner would be got examined by the authority competent.

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In view of the above, we dispose of the writ petition by permitting the petitioner to approach respondent no.3 in respect of his grievance by making a fresh representation, annexing all materials, alongwith certified copy of this order, within a period of one week from today. The respondent no.3 shall accord consideration to petitioner's claim by passing a reasoned speaking order in accordance with law, within a further period of six weeks, thereafter. Till the disposal of petitioner's representation in the matter of allotment of land, no coercive steps would be taken against the petitioner pursuant to notice dated 29.03.2023.

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It is also provided that petitioner shall not raise any fresh construction and statusquo shall be maintained till the disposal of the representation.

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Order Date :- 16.8.2023 Ashok Kr.

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Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad

Virendra Kumar Saxena v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Virendra Kumar Saxena v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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