The Court directed respondents to decide the petitioner's pending objection under Section 11(2) of the Act within two months. Status-quo in possession was maintained until the objection is decided.
Direction to decide pending objection within two months; maintenance of status quo in possession if petitioner is in actual possession.
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Court No. - 34
Case :- WRIT - C No. - 37283 of 2022
Petitioner :- Shani Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Narayan Dutt Shukla,Rituvendra Singh Nagvanshi
Counsel for Respondent :- C.S.C.
Hon'ble Vipin Chandra Dixit,J.
Heard Sri R.C. Singh, learned Senior Advocate assisted by Sri Narayan Dutt Shukla, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
The petitioner is before this Court for a direction to the respondents to decide the petitioner's objection dated 10.11.2022 as early as possible.
Learned counsel for the petitioner, has placed reliance on the judgment dated 15.07.2016 passed in Writ (C) No.32040 of 2016 (Sri Narayan Mishra Vs. State of U.P. & 2 others) .
From the record this much is reflected that the petitioner is occupant of the land in dispute in respect whereof ceiling proceedings have been initiated. An objection under Section 11(2) of the Act at the instance of the petitioner, has been filed. This petition has been filed stating that while the objection is pending and the petitioner continues to remain in possession, the state authorities are attempting to dispossess the petitioner without deciding the pending objection.
Learned Standing Counsel submits that the objection of the petitioner shall be decided in accordance with law.
Considering the above, the petition stands disposed of with the observation that a final decision on the pending objection of petitioner filed under Section 11(2) of the Act, be taken at the earliest possible, preferably, within a period of two months from the date of presentation of certified copy of this order. In case, the petitioner is in actual physical possession over the land in dispute, then status-quo with regard to possession shall be maintained over the plot till the objection stands decided.
Order Date :- 16.1.2023 Kpy
Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad
2 issues framed by the court
Whether the pending objection under Section 11(2) of the Act decided in ceiling proceedings be disposed of at the earliest?
Whether status-quo in possession be maintained while the pending objection is being decided?
Colour shows how this judgement treated each authority
Writ (C) No.32040 of 2016 (Sri Narayan Mishra Vs. State of U.P. & 2 others)Relied on¶8
1 provisions across 1 enactments
Shani
State Of U.P.
3 Others
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
