Court No. - 18
Case :- WRIT - C No. - 19482 of 2021 Petitioner :- Jiyauddin Farooqui Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhanshu Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Sudhanshu Pandey, learned counsel for the petitioner and learned Standing Counsel for the respondents.
Learned counsel for the petitioner submits that the Application dated 09.06.2021 under Section 11(2) of the U.P. Imposition of Ceiling of Land Holdings Act, 1960 filed by the petitioner in Case no. 00411 of 2021 (Computerised no. D202105310000411) State Vs Saiyed Fauvad Ali, has not been decided till date and the same is pending before the respondent no. 2, Additional District Magistrate (Chief Revenue Officer)/Prescribed Authority, Ceiling, Gorakhpur.
Learned counsel for the petitioner contends that the petitioner is facing dispossession from the land on the one hand and the authorities have failed to decide his objection on the other hand.
The only prayer made by learned counsel for the petitioner is that the said application be decided within a stipulated period of time.
Learned Standing Counsel submits that the courts below are under an obligation of law to decide the proceedings within the time period stipulated in the statute.
Interests of justice will be subserved by disposing of the writ petition with the following directions:
(1) The respondent no. 2, Additional District Magistrate (Chief Revenue Officer)/Prescribed Authority, Ceiling, Gorakhpur, shall decide the Application dated 09.06.2021 under Section 11(2) of the U.P. Imposition of Ceiling of Land Holdings Act, 1960 filed by the petitioner in Case no. 00411 of 2021 (Computerised no. D202105310000411) State Vs Saiyed Fauvad Ali, in accordance with law within a period of three months from the date of production of a computer generated copy of this order, downloaded from the official website of the High Court Allahabad alongwith a copy of the representation as aforesaid and supporting documents, if any.
The Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(2) The respondent no. 2 shall hear all necessary parties before passing any order.
(3) All parties are directed to cooperate with respondent no. 2, Additional District Magistrate (Chief Revenue Officer)/Prescribed Authority, Ceiling, Gorakhpur to ensure the conclusion of the proceedings in the above stipulated period of time.
The Court has not gone into the veracity of the assertions made in the writ petition nor has the claim of the petitioner been judged on merits. It is for the competent authority to do so after independent application of mind in accordance with law.
It is provided that in case there is a Corona outbreak the period of four months shall be extended for the lost working days. The officials and parties shall adopt all Corona precautions during the proceedings.
The writ petition is disposed of.
Order Date :- 12.8.2021 Pravin