Disposed

C/M Kisnsraj Smarak Seva Sansthan Thru. Manager Satya Prakash v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Technical Education, Govt. Sectt. Lko. and 3 Others

Allahabad HC5 Aug 2024/6265/2024

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On a writ petition regarding the granting of No Objection Certificate for a new academic session, the Court held that the Board of Technical Education's order did not cast infirmity because the requisite Sub Divisional Magistrate order changing land use was passed later than the NOC application. The Court directed respondents to consider future applications in light of the new land use order and d

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C/M Kisnsraj Smarak Seva Sansthan Thru. Manager Satya Prakash Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Technical Education, Govt. Sectt. Lko. and 3 Others — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC-LKO:53568

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Court No. - 7

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Case :- WRIT - C No. - 6265 of 2024

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Petitioner :- C/M Kisnsraj Smarak Seva Sansthan Thru. Manager Satya Prakash

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Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Technical Education, Govt. Sectt. Lko. And 3 Others

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Counsel for Petitioner :- Satyendra Kumar Tiwari,Jay Prakash Singh Counsel for Respondent :- C.S.C.,Atul Kumar Dwivedi,Ravi Singh

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Hon'ble Alok Mathur,J.

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Heard Sri Jay Prakash Singh, learned counsel for the petitioner, learned Standing counsel for respondent No.s 1 and 2 and Sri Atul Kumar Dwivedi for respondent No.3.

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Learned counsel for the petitioner submits that it is only subsequent to submissions of his documents on 12.1.2024 that the order of Sub Divisional Magistrate was passed on 22.3.2024 allowing the application of the petitioner and changing the land use of the said land to be non-agricultural land. It is noticed that at the relevant point of time when the applications for grant of No Objection Certificate (NOC) were to be considered, the order under Section 80 of the U.P. Revenue Code dated 22.3.2024 had not been passed and for the said reason the same was not considered at that stage. Accordingly, considering the contention of the petitioner this Court does not find any infirmity in the order dated 9.3.2024 passed by Board of Technical Education, Uttar Pradesh rejecting the NOC for the course of Diploma in Pharmacy to the NOC application filed to start new academic sessions for the year 2024-25.

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In light of the changed circumstances noticed herein-above, the respondents shall duly consider the application, if any, made by the petitioner for the ensuing academic session and they will duly take into account the order dated 22.3.2024 passed by the Sub Divisional Magistrate considering the changed land use of the said property.

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In light of the above, the petition stands disposed of.

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(Alok Mathur, J.)

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Order Date :- 5.8.2024 RKM.

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Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench

C/M Kisnsraj Smarak Seva Sansthan Thru. Manager Satya Prakash v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Technical Education, Govt. Sectt. Lko. and 3 Others

Case brief

What is this about?

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C/M Kisnsraj Smarak Seva Sansthan Thru. Manager Satya Prakash v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Technical Education, Govt. Sectt. Lko. and 3 Others

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