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Neutral Citation No. - 2025:AHC:40513-DB Court No. - 21 Case :- WRIT - C No. - 2859 of 2025 Petitioner :- Ashok Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Deena Nath,Deepak Kumar,Sunita Dhusia Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The prayer made in the instant petition filed under Article 226 of the Constitution is for restraining respondent no. 2 from taking forceful possession of the land of the petitioner till the objection of the petitioner dated 09.01.2025 is decided.
2. Learned counsel for the petitioner submits that the petitioner has filed objection on 09.01.2025 after issuance of notification dated 02.12.2024 under Section 11 of Act No.30 of 2013 but the petitioner apprehends that the respondents would not accord
consideration to his objection. He further submits that a direction be issued to the respondents to decide the objection.
4. It is worthwhile to note that Section 15 of the Act itself contemplates that any person interested in any land, which has been notified under sub-section (1) of Section 11 may, within 60 days from the date of publication of the preliminary notification, file objection on the grounds stipulated under the said sub-section. Sub-section (2) further provides that every objection under sub- section (1) shall be made to the Collector in writing and the Collector shall give the objector an opportunity of being heard in person or by any person authorised by him in this behalf or by an Advocate and shall after hearing all such objections and after making such further inquiry, if any, as he may think necessary, either make a report in respect of the land, which has been notified under sub-section (1) of Section 11 or make different reports in respect of different parcels of such land to the appropriate Government.
5. Having regard to the said provisions, we dispose of the instant petition by providing that respondent no.3 shall proceed strictly in accordance with the procedure prescribed under Section 15(2) of
the Act while considering the objection filed against the preliminary notification. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.)
Order Date :- 20.3.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad