Kamlesh Kumar And Others vs State Of U.P. And Others
2023 Latest Caselaw 10227 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- WRIT - C No. - 10484 of 2013
 

 
Petitioner :- Kamlesh Kumar And Others
 
Respondent :- State of U.P. and Others
 
Counsel for Petitioner :- R.K. Porwal,Devendra Kumar,Madan Mohan,Prem Sagar Verma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Neeraj Tiwari,J.

Supplementary affidavit filed today is taken on record.

Heard learned counsel for the petitioner and learned standing counsel for the State-respondents.

The case was heard on 06.04.2023 and the court has passed the following order:

"Heard Sri Devendra Kumar, learned counsel for the petitioners and Sri Abhishek Tiwari, learned standing counsel for the respondents.

Learned counsel for the petitioners pointed out that same controversy for the very same plot i.e. Plot No. 1337 has already been decided by the Chief Controlling Revenue Authority, Board of Revenue, Allahabad vide order dated 30.04.2014 and another order dated 04.12.2014 passed by Chief Controlling Revenue Authority, Board of Revenue, Allahabad, which was subject matter before this Court in Writ C No. 18853 of 2016 (State of U.P. Thru Principal Secry. Tax and Registration Vs. Pankaj Kumar and another). This Court has dismissed the writ petition vide order dated 11.03.2019 affirming the order dated 04.12.2014.

He next submitted that now controversy is covered under order passed by Chief Controlling Revenue Authority, Board of Revenue, Allahabad dated 30.04.2014 and order of this Court dated 11.03.2019 passed in Writ C No. 18853 of 2016, therefore, this petition may also be allowed on same terms.

Sri Abhishek Tiwari, learned standing counsel for the respondents prays for and is granted 24 hours time to go through the judgments and assist the Court.

List this case tomorrow i.e. 07.04.2023 at 2.00 P.M."

Today, learned counsel for the petitioner fairly submitted that there is no difference between the controversy decided by this Court in Writ C No. 18853 of 2016 (State of U.P. Thru. Principal Secry. Tax and Registration Vs. Pankaj Kumar and Another) vide order dated 11.03.2019 and present controversy, therefore this petition may also be allowed in terms of order dated 4.12.2014 affirmed by this Court vide order dated 11.03.2019.

Being confronted by the court, learned standing counsel could not dispute the aforesaid facts.

Accordingly, the writ petition is allowed in terms of order dated 04.12.2014 affirmed by this Court vide order dated 11.03.2019 in Writ C No. 18853 of 2016 .

No order as to costs.

At this stage, learned counsel for the petitioner pointed out that a sum of Rs. 16,25,200/- is lying deposited with the respondent no. 2 which may be refunded to the petitioner, for which, learned standing counsel has no objection.

Accordingly, respondent No. 2 is directed to refund the above said amount to petitioner preferably within a period of two weeks from the date of production of certified copy of this order alongwith interest applicable on fixed deposit of a nationalised bank.

Order Date :- 7.4.2023

ADY