WPMS/1933/2022
2022 Latest Caselaw 2561 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                AND
          THE HON'BLE SRI JUSTICE RAMESH CHANDRA KHULBE

             WRIT PETITION (M/S) NO. 1933 OF 2022

                          18th AUGUST, 2022

Between:

Santosh Agarwal                            ......          Petitioner

and

State of Uttarakhand & others              ......          Respondents

                                With

             WRIT PETITION (M/S) NO. 1934 OF 2022



Between:

Dip Chand Agarwalla                        ......           Petitioner

and

State of Uttarakhand & others              ......          Respondents


Counsel for the petitioner(s)   :   Mr. Aditya Singh, learned counsel

Counsel for the respondents     :   Mr. S.S. Chauhan, learned Deputy
                                    Advocate General for the State of
                                    Uttarakhand / respondents



The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)

             In these two writ petitions, the petitioners have

assailed the show cause notice dated 15.07.2022, issued

by the Additional Collector / Additional District Magistrate,
                             2




Dehradun, under Section 6(2) of the Uttar Pradesh

Imposition of Ceiling on Land Holdings Act, 1960.


2)        The submission of learned counsel for the

petitioners is that the petitioners are the subsequent

purchasers whereas the notices have been issued in the

name of the erstwhile owners. Be that as it may, we are

not inclined to interfere at this stage considering the fact

that the respondents have issued show cause notices and

it is open to the petitioners, who claim to be subsequent

purchasers, to respond to the same.


3)        We, therefore, dispose of these writ petitions

with liberty to the petitioners to respond to the impugned

show cause notices. The respondents shall grant a hearing

to the petitioners before taking a decision in the matter.

We make it clear that we have not expressed any view on

the merits of the case.


4)        All   pending   applications   stand   disposed   of

accordingly.


                                         ________________
                                         VIPIN SANGHI, C.J.



                                              __________
                                             R.C. Khulbe, J.

Dt: 18th AUGUST, 2022 Negi