U.P. State Agro Industrial ... vs State Of U.P. & Another
2015 Latest Caselaw 5399 ALL

Citation : 2015 Latest Caselaw 5399 ALL
Judgement Date : 11 December, 2015

Allahabad High Court

U.P. State Agro Industrial ... vs State Of U.P. & Another on 11 December, 2015

Bench: Arun Tandon, Harsh Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 24938 of 2007
 

 
Petitioner :- U.P. State Agro Industrial Corporation Limited & Another
 
Respondent :- State Of U.P. & Another
 
Counsel for Petitioner :- Ved Byas Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Arun Tandon,J.

Hon'ble Harsh Kumar,J.

Heard learned counsel for the parties.

U.P. State Agro Industrial Corporation Ltd., which is a 100 per cent State Government undertaking seeks quashing of the orders of the State Government dated 14.1.2007 and 14.3.2007, whereunder it has been informed that the provisions of the Government Order dated 14.10.2004 are not applicable in the matter allotment of Nazul property to the government departments. The application of the petitioner for allotment of Nazul land of Plot No. 38A, Jha Marg, George Town, Allahabad has been rejected.

Learned counsel for the petitioner states that despite time being granted, no counter affidavit has been filed by the respondents no.1 and 2.

Standing Counsel however contends that the Government Order dated 14.10.2004 is not applicable in such matters.

We may not enter into the submission made at this stage. We have recorded that the State has the right to resume Nazul property for public purpose referring judgment of the Apex Court in the case of Azeem Ahmad Kazmi and Ors. Vs. State of U.P. and another, Civil Appeal No. 2006 of 2003, is definitely a public purpose. It is, therefore, open to the State Government to resume the land in terms of the law laid down by the Apex Court in the case of Azeem Ahmad Kazmi (supra).

Such aspect of the matter has not been examined while passing impugned order.

We, therefore, direct the State Government to reconsider the matter and if required to resume the nazul property and to allot the same to the State Government in light of the judgment of the Apex court in the case of Azeem Ahmad Kazmi (supra) within eight weeks from the date a certified copy of order of this Court is filed before the authority concerned. Such order may be made after hearing the earlier lease holder.

Writ petition is disposed of.

Order Date :- 11.12.2015

Ashish Pd.