Disposed

Shiv Kumar Singh S/O Jagat Pal Singh Objection Filed v. State of U.P. Thru D.M./Collector Shrawasti and Anr.

Allahabad HC25 May 2024WRIC/3000001/2011

Case brief

AI extract

What is this about?

The petitioner sought issuance of a writ mandamus directing implementation of a 2000 appellate order under Uttar Pradesh Imposition of Ceiling on Land Holdings Act. The State admitted filing a review application which was pending. The court disposed of the petition directing the review to be decided within three months from production of certified copy. Quality: thin. Quality: thin

What did the court decide?

The petition was disposed of; the State was directed to decide the pending review application within three months from production of the certified copy of this order.

Shiv Kumar Singh S/O Jagat Pal Singh Objection Filed Vs… — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:40040

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Court No. - 19

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Case :- WRIT - C No. - 3000001 of 2011 Petitioner :- Shiv Kumar Singh S/O Jagat Pal Singh Objection Filed

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Respondent :- State Of U.P. Thru D.M./Collector Shrawasti And Anr.

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Counsel for Petitioner :- N.C. Upadhyay Counsel for Respondent :- C.S.C.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri N.C. Upadhyay, the learned counsel for the petitioner, Sri Dheeraj Ojha, the learned Standing Counsel for the State.

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By means of the writ petition filed under Article 226 of the Constitution of India, the petitioner has sought issuance of the writ in the nature of mandamus commanding the opposite parties to implement the order dated 01.06.2000 passed by the Additional Commissioner (Administration) Devipatan, Gonda in Appeal No. 65 under Section 13 of Uttar Pradesh Imposition of Ceiling on Land Holdings Act, whereby the petitioner's appeal was allowed.

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On 15.11.2010, the petitioner had given an application to the Prescribed Authority for implementation of the order dated 01.06.2000 passed in appeal but no action was taken thereon.

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The State has filed a counter affidavit wherein it has been stated that the State has filed an application for review of the order dated 01.06.2000, which was pending. However, neither any particulars of the review applications have been mentioned in the counter affidavit nor any copy of the same has been annexed therewith.

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On the basis of instructions obtained from Additional Commissioner (Administration) Devipatan, Gonda in furtherance of an order dated 17.05.2024 passed in this case, the learned Standing Counsel informs that the State has filed an application for review of the order dated 01.06.2000 passed by the Additional Commissioner (Administration) Devipatan,

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Gonda in Appeal No. 65 under Section 13 of Uttar Pradesh Imposition of Ceiling on Land Holdings Act, which is still pending and is fixed for 01.07.2024

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The learned counsel for the petitioner submits that there is no provision of review in the Uttar Pradesh Imposition of Ceiling on Land Holdings Act and he further stated that even in the instructions, the number of review application has not been disclosed.

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As the State has informed about the pendency of the review application filed by it and has also informed that it is fixed for 01.07.2024 before the Additional Commissioner (Administration) Devipatan, Gonda, it is provided that the review shall be decided by Additional Commissioner (Administration) within a period of three months from the date of production of a certified copy of this order after giving an opportunity of hearing to the petitioner also and without giving any unnecessary adjournment to any of the parties, by a reasoned and speaking order.

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Accordingly, the petition stands disposed of.

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(Subhash Vidyarthi,J.)

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Order Date :- 25.5.2024 Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Shiv Kumar Singh S/O Jagat Pal Singh Objection Filed v. State of U.P. Thru D.M./Collector Shrawasti and Anr.

Case brief

What is this about?

What did the court decide?

Shiv Kumar Singh S/O Jagat Pal Singh Objection Filed v. State of U.P. Thru D.M./Collector Shrawasti and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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