Dismissed

Vijai Kumar and 2 Ors. v. State of U.P. Thru Collector Barabanki and 2 Ors.

Allahabad HC24 May 2024WRIC/3000081/2002

Case brief

AI extract

What is this about?

This judgment dismisses a writ petition filed under Article 226 of the Constitution of India challenging an order passed by the Additional Commissioner (Administration) under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, finding no merit in the petition against the reduction of surplus land.

What did the court decide?

The writ petition is dismissed as it lacks merit against the order dated 29.06.2002 reducing surplus land.

Vijai Kumar and 2 Ors. Vs State of U.P. Thru Collector… — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:39653

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Court No. - 19

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Case :- WRIT - C No. - 3000081 of 2002 Petitioner :- Vijai Kumar And 2 Ors. Respondent :- State Of U.P. Thru Collector Barabanki And 2 Ors. Counsel for Petitioner :- I.D. Dwivedi,D.S. Pandey,Shashi Prakash Singh Counsel for Respondent :- C.S.C.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Shashi Prakash Singh, the learned counsel for the petitioners and Sri Laxmi Mohan Khare, the learned Standing Counsel for the State.

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By means of the instant writ petition filed under Article 226 of the Constitution of India, the petitioners have challenged the validity of an order dated 29.06.2002 passed by the Additional Commissioner (Administration), Faizabad Division, Faizabad in Appeal No. 48Barabanki filed by the petitioners under Section 13 of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred as 'the Ceiling Act').

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After issuance of a notice under Section 10(2) of the Ceiling Act on 07.07.1987, proposing to declare 57 Bigha, 70 Biswan, 16 Biswansi land to be surplus, the Prescribed Authority had decided the matter by means of an order dated 28.02.1997 declaring 15 Bigha, 3 Biswa, 1 Biswansi land of the petitioners to be surplus under the Ceiling Act. The petitioners had filed an Appeal No. 103- Barabanki under Section 13 of the Ceiling Act against the aforesaid order dated 28.02.1997, which was allowed by means of a judgment and order dated 27.10.1997 passed by the Additional Commissioner (Administration) Faizabad Division, Faizabad and the matter was remanded to the Prescribed Authority for deciding the petitioner's ceiling land afresh, in light of the observations made in the appellate order.

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After remand, the Prescribed Authority has decided the matter by means of an order dated 29.11.2000 declaring 7 Bigha 7 Biswa 3

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Biswansi land to be surplus land as per the directions issued by the appellate authority contained in the remand order dated 27.10.1997.

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The petitioners again challenged the order dated 29.11.2000 passed by the Prescribed Authority by filing Appeal No. 48. The State had also challenged the order by filing an Appeal No. 57. Both the appeals have been decided by a common order dated 29.06.2002, which has not been challenged by the State and it has been challenged by the petitioners only.

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The Additional Commissioner (Administration), Faizabad Division, Faizabad allowed the appeal filed by the petitioners and modified the order passed by the Prescribed Authority and declared merely 3 Bigha 0 Biswa 5 Biswansi land to be surplus. The petitioners had given their options for declaration of surplus land from their land bearing Gata No. 650 situated in Village Sademau, which option was accepted by the Additional Commissioner (Administration).

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By means of the impugned order dated 29.06.2002, Additional Commissioner (Administration) has dismissed all the pleas raised by the State and has accepted all the pleas raised by the petitioners and reduced the surplus land to 3 Bigha 0 Biswa 5 Biwansi and has also accepted the option given by the petitioners for declaration of surplus land from their land bearing Gata No. 650 situated in Village Sademau.

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There is no illegality in the impugned order dated 29.06.2002 passed by the Additional Commissioner (Administration), Faizabad Division, Faizabad in Appeal No. 48- Barabanki.

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Accordingly, the writ petition lacks merit and the same is hereby dismissed.

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(Subhash Vidyarthi,J.)

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Order Date :- 24.5.2024/Preeti.

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

Vijai Kumar and 2 Ors. v. State of U.P. Thru Collector Barabanki and 2 Ors.

Case brief

What is this about?

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Vijai Kumar and 2 Ors. v. State of U.P. Thru Collector Barabanki and 2 Ors.

Case brief

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What did the court decide?

What the court decided

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