Allowed

Kedar v. State of Up and 4 Others

Allahabad HC5 Aug 2024WRIC/24073/2024

Case brief

AI extract

What is this about?

The High Court set aside the order of the Sub-Divisional Magistrate cancelling the petitioner's plantation lease, as it was passed without notice or hearing. The matter was remanded for fresh consideration after affording proper opportunity.

What did the court decide?

Impugned order dated 19.06.2024 set aside; competent authority directed to pass fresh order after due notice and hearing.

Kedar vs State of Up and 4 Others — Land Acquisition | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:139700

¶2

Court No. - 7

¶3

Case :- WRIT - C No. - 24073 of 2024

¶4

Petitioner :- Kedar Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Jay Prakash Gupta Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla

¶5

Hon'ble Prakash Padia,J.

¶6

Heard learned counsel for the parties and perused the record.

¶7

The petitioner has preferred the present petition inter alia with the prayer to quash the order dated 19.06.2024 passed by SubDivisional Magistrate, Tehsil- Bansdeeh, District Ballia in Case No.2603 of 2024 (Computerized Case No.202415090602603) (Arjun Chauhan Vs. State of U.P.).

¶8

By the aforesaid order, the plantation lease granted in favour of the petitioner in the year 1994 was cancelled.

¶9

It is argued by learned counsel for the petitioner for the cancellation of the aforesaid lease one Sri Arjun Chauhan, Gram Pradhan of the village filed a Misc. Case which was numbered as Case No.2603 of 2024 (Computerized Case No.202415090602603) (Arjun Chauhan Vs. State of U.P.) on 18.06.2024. On the said case without providing any notice or opportunity of hearing to the parties or without assigning any cogent reason, the lease granted in favour of the petitioner dated 02.02.1994 was cancelled.

¶10

The aforesaid facts has not been denied by learned Standing counsel that without providing any notice or opportunity of hearing the impugned order has been passed.

¶11

Considering the facts and circumstances of the present case, it is admitted by learned counsel for parties that no opportunity of hearing is granted to the affected party before passing the impugned order. Hence, the order dated 19.06.2024 passed by SubDivisional Magistrate, Tehsil- Bansdeeh, District Ballia in Case No.2603 of 2024 (Computerized Case No.202415090602603) (Arjun Chauhan Vs. State of U.P.) is hereby, set-aside. Direction is issued to concerned competent authority to pass afresh order, after

¶12

giving due notice and opportunity of hearing to the parties concerned.

¶13

The court below shall decide the controversy on its merits without being influenced by any observation made in this order.

¶14

With the aforesaid, the present petition is allowed.

¶15

Order Date :- 30.8.2024 S.K.

¶16

Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad

Kedar v. State of Up and 4 Others

Case brief

What is this about?

What did the court decide?

Kedar v. State of Up and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Smt. Sarika vs State of Up and 2 Others

Gaurav Yadav and 227 Others vs State of U.P. and 4 Others

Qamrul Islam Siddiqui vs State of Up and 6 Others

Subhash Chand vs State of Up and 3 Others

Chhangu Lal vs State of U.P. and 4 Others

Faisal Ahmad vs State of Up and 3 Others