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2025 DAILYLAW 6823 (ALL)

ALLAHTALA WAQF NO 87 SITUATE AT JAINPUR @ JUNGLE ZAINUABDEEN v. STATE OF U.P. AND ANOTHER

WRIC/984/2025 · 2025-01-23

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12132 Court No. - 33 Case :- WRIT - C No. - 984 of 2025 Petitioner :- Allahtala Waqf No 87 Situate At Jainpur @ Jungle Zainuabdeen Respondent :- State of U.P. and Another Counsel for Petitioner :- Adya Prasad Tewari 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 certiorari quashing impugned notice dated 28.10.2024 issued by the respondent no.2 against the petitioner under Section 10(2), U.P. Imposition of Ceiling on Land Holdings Act, 1960 (U.P. Act No. 1 of 1961) as well as entire proceedings of Case NO. 290 of 2024 State vs. Allahtala pending before the respondent no.2 pursuant to aforesaid impugned notice (Contained in Annexure No.4 to the writ petition)." 3. It is submitted by learned counsel for the petitioner that on previous three occasions notices under the Ceiling Act was issued against petitioner which was thereafter decided in favour of the petitioner. At present, the fourth notice has been issued. The petitioner has filed an objection dated 10.12.2024.. 4. At this stage, the only prayer made by learned counsel for the petitioner is that objection raised by petitioner goes to the root of jurisdiction as once the earlier notices have fallen in favour of the petitioner, then fourth notice would not have been maintainable under law. 5. It is submitted that question of jurisdiction is required to be decided at first and a direction may be issued to the authority concerned to decide the same. 6. Learned Standing Counsel submits that objection of the petitioner will be decided in a time bound manner. 7 Considering the facts and circumstances of the case, it is hereby directed that the objection of the petitioner dated 10.12.2024, pending before respondent No.2-Chief Revenue Officer, Gorakhpur/Prescribed Authority (Ceiling), Gorakhpur, be decided expeditiously preferably within a period of two months from the date of production of a certified copy of this order. 8. It is made clear that while deciding the objection of the petitioner, the respondent no.2 shall decide the question of jurisdiction at the first instance. 9. With the aforesaid observation/direction, the writ petition stands disposed of. Order Date :- 23.1.2025 S.Prakash Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad