Allahabad High Court
Smt. Shashi Kala Pandey vs State Of U.P. And 2 Others on 15 May, 2023
Author: Surya Prakash Kesarwani
Bench: Surya Prakash Kesarwani
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:104755-DB Court No. - 3 Case :- WRIT - C No. - 14483 of 2023 Petitioner :- Smt. Shashi Kala Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjeev Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Surya Prakash Kesarwani,J.
Hon'ble Anish Kumar Gupta,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondent.
2. Grievance of the petitioner is with respect to a land of Khasra plot no. 218 measuring 0.279 hectare which according to him is an abadi land and no agricultural activities are done thereon.
3. According to the petitioner, the land was purchased by him on 09.01.2001 by registered sale deed and thereafter he has constructed his house over it.
4. In paragraph no. 7 of the writ petition, it has been stated that the land of the vicinity has been surrounded by residential/multi storied buildings. The house of the petitioner and other houses in the vicinity now come under the territorial limits of Nagar Nigam, Varanasi. The petitioner's house has been allotted House No. SA-13/46 B-15-1, Sarnath, since 23.11.2002. In support of his case the petitioner has filed copies of recent bill of house tax and a copy of residential electricity connection bill dated 20.01.2023 obtained on 09.05.2003 as Annexure Nos. 2 & 3 to the writ petition. Proof of LPG connection dated 24.08.2006 has also been filed as Annexure 4.
5. Learned Additional Chief Standing Counsel states on instructions that the controversy is now concluded by a judgement of this Court dated 09.05.2023 in Writ C. 4689 of 2023 (Ram Prasad Tiwari & 7 Ors. v. State of U.P. and 2 Ors.) in which the Khasra plot in question was also referred. He further states on instructions of the competent authority Urban Land Ceiling, Varanasi, that appropriate action pursuant to the aforesaid order in the case of Ram Prasad Tiwari (supra) is in process and appropriate decision in accordance with law shall be taken.
6. In view of the aforesaid, the writ petition is disposed of in terms of the statement made by learned Additional Chief Standing Counsel on instructions as aforenoted. The action shall be taken by the Competent Authority in accordance with law within a month from the date of production of a certified copy of this order.
Order Date :- 15.5.2023 Shubham Arya