Court No. - 5 Case :- WRIT - C No. - 35248 of 2010 Petitioner :- Jai Singh Respondent :- State Of U.P. Thru' Principal Secretary F And R & Others Petitioner Counsel :- Jai Singh Respondent Counsel :- C.S.C. Hon'ble Sabhajeet Yadav,J.
Hon’ble Bala Krishna Narayana,J.
Vakalatnama filed by Sri Shailendra on behalf of petitioner, rejoinder
affidavit as well as amendment application filed by the petitioner are taken on
record.
Learned counsel for the petitioner prayed for and is permitted to implead
Additional District Magistrate (Finance and Revenue), Allahabad as
respondent.
The amendment application is allowed, and learned counsel for the petitioner
is permitted to incorporate necessary amendments in the prayer of the writ
petition.
In para 46 of order dated 16.07.2010 passed by us we have taken note of chart
showing circle rates of land of Allahabad city area from year 2000 to 2010
filed by the respondents, which indicates that in the year 2002 exorbitant
enhancement was done from earlier year 2000 varying from 200% to 540%.
We have also noticed that on 16.11.2007 the circle rate of District Allahabad
including city area was fixed for a period of two years from the aforesaid date,
but on 28.8.2008 again circle rate of land of city Allahabad was fixed by the
Collector, Allahabad merely within a period of nine months from the
aforesaid date by making exorbitant enhancement from earlier circle rates as
shown in the chart. We have further noticed that during the pendency of writ
petition on 30th June, 2010 the Collector, Allahabad has again fixed circle
rate of land of Allahabad District including city Allahabad by making
exorbitant enhancement in the circle rates upto the 60% from existing circle
rates. We have already discussed in some detail that these fixations were done
by the Collector, Allahabad without any justifiable material. Therefore, the
Collector, Allahabad is again directed to justify the aforesaid fixation by
placing sufficient material before the Court as indicated in the order dated
16.07.2010 passed by us. Such material shall be placed by the Collector,
Allahabad alongwith his affidavit on the next date of listing.
List this case for further hearing before us on 05.08.2010. Till the next date of
listing interim order granted earlier shall continue.
When the case is listed next, the name of Sri Shailendra Advocate shall be
shown in the cause list as one of the counsel for the petitioner.
Office is directed to supply a copy of this order to Sri S.G. Husnain learned
Additional Advocate General U.P. for communication to the officers
concerned by 30.07.2010.
Order Date :- 29.7.2010
SL