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Pradeep Kumar Singh Vs. Union of India (Uoi) and ors.

Pradeep Kumar Singh vs Union of India (Uoi) and ors.

Type Court Judgment Court Allahabad Decided Sep 25, 1995
~1 min read
https://sooperkanoon.com/case/488624

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Citation
Court
Allahabad High Court
Judge
Decided On
Case Number
Civil Misc. Writ Petition No. 985 of 1995
Subject
Customs

Case Summary

AI-generated summary - not the official court judgment text.

- LAND ACQUISITION ACT, 1894 [C.A. No. 1/1894]. Section 4; [Sushil Harkauli, S.K. Singh & Krishna Murari, JJ] Acquisition of land Held, Court cannot issue a Writ of Mandamus directing the State Authorities to acquire a particular land. Land acquisition is not purely ministerial act to be performed by executive No...

Key legal issue
Customs

Parties & Advocates

Appellant / Petitioner

Pradeep Kumar Singh

Respondent

Union of India (Uoi) and ors.

Legal References

Reported In
1996(63)LC536(Allahabad)

Excerpt

.....the provisions of land acquisition act, 1894. it would, however, be open to the court in exercise of that power to invite the attention of the executive to any public purpose and the need for land for meeting that public purpose and to require the executive to take a decision, even a reasoned decision, with regard to the same in accordance with the statutory provisions, perhaps even within a reasonable time frame. however, the power of the court under article 226 must necessarily stop at that. thereafter, if the decision taken by the executive is capable of challenge and, there exist appropriate legal grounds for such challenge, it may also be open to the court to quash the decision and to require reconsideration. but no direction in the nature of mandamus whether interim or final can be issued by the court under article 226 to the executive to necessarily acquire a particular area of a particular piece of land for a particular public purpose. section 4; compulsory acquisition of land powers of state government held, renewal of lease in favour of petitioners would not take away power of state government of compulsory acquisition of land. renewal of lease would at best be taken into consideration for determining quantum of compensation. 1. the central preventive officers of the customs department, allahabad searched the residential premises of the petitioner on 21.6.1994 and recovered goods of foreign origin and silver currency. subsequently the petitioner was served with the show cause notice dated 24.10.1994 requiring him to show cause as to why proceeding under section 111 of the customs act, 1962 be taken. the petitioner alleges that he submitted his explanation on 15th feb., 1995 but the respondents have not adjudicated the matter and the result of which the petitioner is suffering great irreparable loss.2. after having heard learned counsel for petitioner we dispose of this petition but directing the collector (preventive) customs, lucknow to adjudicate the matter if possible within a period of two months from the date of production of certified copy of this order before him. petitioner will cooperate in the proceeding and shall not seek adjournment.

Full Judgment

1. The Central Preventive Officers of the Customs Department, Allahabad searched the residential premises of the petitioner on 21.6.1994 and recovered goods of foreign origin and silver currency. Subsequently the petitioner was served with the show cause notice dated 24.10.1994 requiring him to show cause as to why proceeding under Section 111 of the Customs Act, 1962 be taken. The petitioner alleges that he submitted his explanation on 15th Feb., 1995 but the respondents have not adjudicated the matter and the result of which the petitioner is suffering great irreparable loss.

2. After having heard learned Counsel for petitioner we dispose of this petition but directing the Collector (Preventive) Customs, Lucknow to adjudicate the matter if possible within a period of two months from the date of production of certified copy of this order before him. Petitioner will cooperate in the proceeding and shall not seek adjournment.

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