Shani vs State Of U.P. And 3 Others
2023 Latest Caselaw 1620 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - C No. - 37283 of 2022
 

 
Petitioner :- Shani
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Narayan Dutt Shukla,Rituvendra Singh Nagvanshi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vipin Chandra Dixit,J.

Heard Sri R.C. Singh, learned Senior Advocate assisted by Sri Narayan Dutt Shukla, learned counsel for the petitioner and learned Standing Counsel for the State respondents.

The petitioner is before this Court for a direction to the respondents to decide the petitioner's objection dated 10.11.2022 as early as possible.

Learned counsel for the petitioner, has placed reliance on the judgment dated 15.07.2016 passed in Writ (C) No.32040 of 2016 (Sri Narayan Mishra Vs. State of U.P. & 2 others).

From the record this much is reflected that the petitioner is occupant of the land in dispute in respect whereof ceiling proceedings have been initiated. An objection under Section 11(2) of the Act at the instance of the petitioner, has been filed. This petition has been filed stating that while the objection is pending and the petitioner continues to remain in possession, the state authorities are attempting to dispossess the petitioner without deciding the pending objection.

Learned Standing Counsel submits that the objection of the petitioner shall be decided in accordance with law.

Considering the above, the petition stands disposed of with the observation that a final decision on the pending objection of petitioner filed under Section 11(2) of the Act, be taken at the earliest possible, preferably, within a period of two months from the date of presentation of certified copy of this order. In case, the petitioner is in actual physical possession over the land in dispute, then status-quo with regard to possession shall be maintained over the plot till the objection stands decided.

Order Date :- 16.1.2023

Kpy