Van Vihar Samuhik Sahkari Krishi Samiti Ltd v. State of U.P. and Another

Court No. - 6 Case :- WRIT - C No. - 35275 of 2023 Petitioner :- Van Vihar Samuhik Sahkari Krishi Samiti Ltd Respondent :- State of U.P. and Another Counsel for Petitioner :- Anubhav Singh Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Anubhav Singh, learned counsel for the petitioner and learned Standing Counsel for the State-respondent. With the consent of learned counsel for the parties, this writ petition is being finally disposed off at this stage without calling for a counter affidavit. The writ petition has been filed with a prayer to direct the respondent no.2 to decide the application of the petitioner dated

20.03.2021, under Section 89(3) of U.P. Revenue Code, 2006, as expeditiously as possible, preferably within a period of four weeks. Learned counsel for the petitioner submits that the petitioner is a society under the U.P. Co-operative Societies, Act, 1965. At present there are 81 members in the society. He further submits that Section 89(3) of U.P. Revenue Code, 2006, provides for regularization of land after deposit of 10% of the prevailing circle rate of the land which is in excess of 5.0586 hectares, for which, the petitioner has moved an application, which is pending since

20.03.2021. Therefore, a direction may be issued to the authorities concerned to take decision on the aforesaid application, as soon as possible. No useful purpose would be served by keeping this petition pending in view of the order, which the Court proposes to pass hereunder. Considering the facts and circumstance of the case, without expressing any opinion on the merits of the case, this writ petition is finally disposed off with a direction to the respondent no.2 i.e. Commissioner, Meerut Division, Meerut, to decide the application of the petitioner, pending since 20.03.2021, in accordance with law, after giving opportunities of hearing to the parties concerned, by means of a reasoned and speaking order, as expeditiously as possible, preferably within a period of two months, from the date of production of a certified copy of this order, if there is no legal impediment. Order Date :- 4.12.2023 Rahul. High Court of Judicature at Allahabad