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2016 Supreme(UK) 329

U.C.DHYANI
Kesar Enterprises Ltd. – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Manoj Tiwari, Ms. Swati Verma.
For the State : Mr. V.B.S. Negi, Mr. R.C. Arya, Mr. Vipul Sharma.

JUDGMENT :

U.C. Dhyani, J.

1. By means of present writ petition, the petitioner seeks following reliefs, among others:

“(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 02.09.2015 passed by respondent no.3 in Ceiling Case No. 51/01 of 2012-13 State vs. Kesar Sugar Works Ltd.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.1 to accept petitioner’s request for consolidation of fragmented land in village Khurpia released in favour of petitioner.”

2. Learned senior counsel for the petitioner submits that the controversy involved in the present matter is squarely covered by the judgment rendered by the coordinate bench of this Court in Writ Petition (M/S) No.1888 of 2013, titled as M/s Kesar Sugar Works Limited vs. State of Uttarakhand & others on 23.04.2014. Learned senior counsel for the petitioner apprised this Court that M/s Kesar Sugar Works Limited is now known as M/s Kesar Enterprises Limited.

3. It will be useful to reproduce relevant paras of the aforesaid judgment, which are as follows:

“The main contention has been raised by the learned Senior Counsel for the petitioner is that the Prescri







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