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2025 DAILYLAW 111004 (ALL)

SMT. PAYAL TULSIYAN v. STATE OF U.P. AND 2 OTHERS

WRIC/41869/2024 · 2025-03-02

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29135 Court No. - 33 Case :- WRIT - C No. - 41869 of 2024 Petitioner :- Smt. Payal Tulsiyan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijai Kumar Tripathi Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State. 2. The present writ petition is filed with the following prayer: "(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to decide the representation / objection filed by the petitioner dated 01.02.2023 and against the notice dated 21.01.2023 published in a daily newspaper Hindustan / Dainik Jagaran, Gorakhpur before further proceeding within a fix period (Annexure no.5 to this writ petition). (ii) Issue a writ, order or direction in the nature of certiorari to quash the impugned notice dated 21.01.2023 with regard to the petitioner as the land in dispute has already been exempted in ceiling proceeding (U.P. Imposition of ceiling on land holdings Act, 1961) (Annexure no.4 to this writ petition)." 3. It is submitted by learned counsel for petitioner that the land of petitioner has been shown in ceiling although the petitioner has filed an objection dated 1.2.2023 before the Sub-Divisional Magistrate concerned, however till date, the same has not been decided. 4. Learned Standing Counsel submits that the objection of petitioner would be decided in a time bound manner. 5. Considering the facts and circumstances of the case, it is hereby directed that the objection of petitioner shall be decided by respondent no.3-Up-Ziladhikari/Sub Divisional Magistrate, Chauri Chaura, District Gorakhpur, expeditiously preferably within a period of two months from the date of production of a certified copy of this order. 6. Till the decision on objection filed by petitioner, status quo with regard to land of petitioner, as of today, shall be maintained. 7. With the aforesaid observation/direction, the writ petition stands disposed of. Order Date :- 3.3.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad