Disposed

Smt. Shakuntala Devi v. State of U.P. Thru. Collector, Bahraich and 6 Others

Allahabad HC19 Mar 2025WRIC/2686/2025

Case brief

AI extract

What is this about?

On a sudden withdrawal of the petitioner's request for quashing a lower court order, the Hon'ble Court consigned the present writ petition to the record. While doing so, the Court granted the petitioner liberty to prefer an application before the appropriate authority to seek the benefit of the Government Order dated 24.09.1985 regarding land allotment.

What did the court decide?

Liberty granted to petitioner to prefer an application before the appropriate authority to seek the benefit of Government Order dated 24.09.1985.

Smt. Shakuntala Devi Vs State of U.P. Thru. Collector… — Land Acquisition | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:15825

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Court No. - 7 Case :- WRIT - C No. - 2686 of 2025 Petitioner :- Smt. Shakuntala Devi Respondent :- State Of U.P. Thru. Collector, Bahraich And 6 Others Counsel for Petitioner :- Prabhakar Vardhan Chaudhary Counsel for Respondent :- C.S.C.,Pankaj Gupta

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Hon'ble Saurabh Lavania,J.

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Heard Sri P.V. Chaudhary, learned Counsel for the petitioner, Sri Sandeep Kumar Gupta, learned Counsel appearing for opposite party nos. 3 and 4 and Sri Pankaj Gupta, learned Counsel appearing for Gram Sabha.

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The present petition has been filed for the following main relief:-

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"i-Issue a writ, order or direction in the nature of "Certiorari" quashing the judgment and order dated 25.9.2024 passed by the opposite party no. 2; in case No. 03590/2019-Shakuntala Devi vs. State of U.P.; a copy of which is contained in Annexure NO. 15.

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ii-Issue a writ, order or direction in the nature of "Mandamus" directing the opposite parties to allot some other land of the Gram Panchayat or the State; in pursuance of the Government Order; dated 24.09.1985; which provides that the land already allotted to the dependents of freedom fighters; should not be acquired; and in case it is acquired; they may be settled over other land of the Gram Samaj or the State; alternatively."

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On being confronted, after considering the facts as indicated, particularly the order dated 25.09.2024 passed by Sub Divisional Officer, Payagpur, District Bahraich, according to which the partition suit ought to have been filed with regard to the claim of the land provided to the petitioner i.e. New Plot No. 1419Ka area 0.0800 hect. as also the expression "Minjumla number" defined in Sub-Section 29 of Section 4 of U.P. Revenue Code, 2006, Sri P.V. Chaudhary, learned Counsel for the petitioner says that present petition be consigned to record without interfering in the order dated 25.09.2024 passed by opposite party no.2, with liberty to the petitioner to prefer an application before the appropriate authority to seek the benefit of Government Order dated 24.09.1985.

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To the aforesaid, there is no objection from the side opposite.

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In view of the aforesaid, the present petition is consigned to record with liberty as prayed for.

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Order Date :- 19.3.2025 Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Smt. Shakuntala Devi v. State of U.P. Thru. Collector, Bahraich and 6 Others

Case brief

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Smt. Shakuntala Devi v. State of U.P. Thru. Collector, Bahraich and 6 Others

Case brief

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