Disposed

Bansgaon District Gorakhpur Samiti Thru Secy. v. State of U.P. and 4 Others

Allahabad HC4 Jan 2018WPIL/14/2018

Case brief

AI extract

What is this about?

In a PIL, the court disposed of the petition directing the Public Works Department to remove an encroachment on public land in Jaunpur, in accordance with a prior District Magistrate's order and without legal impediments.

What did the court decide?

Directed the concerned authority of the Public Works Department to remove the encroachment from Plot No. 47 measuring 0.190 Hectare at Mohalla Jogiyapur, Jaunpur, in accordance with the District Magis

Bansgaon District Gorakhpur Samiti Thru Secy. Vs State… — Property and Title | Allahabad HC (2018)

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Chief Justice's Court

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 14 of 2018 Petitioner :- Bansgaon, District Gorakhpur Samiti Thru Secy. Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjay Kumar Singh Counsel for Respondent :- C.S.C.

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Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Suneet Kumar,J.

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Heard Sri Sanjay Kumar Singh, learned counsel for the petitioner and Sri R.N. Pandey, learned standing counsel appearing for the State-respondent.

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By the instant writ petition filed in public interest, petitioner seeks a direction to the State-respondent to remove illegal encroachment made on public land by the fifth respondent.

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Our attention has been drawn to order dated 1 September 2017 passed by the second respondent-District Magistrate, Jaunpur, in pursuance of a direction issued in a petition, bearing Civil Misc. Writ Petition (PIL) No. 38574 of 2016. It is noted in the order that Plot No. 47 ad measuring 0.190 Hectare situated at Mohalla Jogiyapur, Pargana Haveli, Tehsil Sadar, District Jaunpur, was acquired for the Public Works Department in 1974, possession thereof was taken in 1978. The fifth respondent having encroached upon the public property was subjected to notice on 27 July 2017, to remove the encroachment, which, however, was not complied. Consequently, by order dated 1 September 2017, the District Magistrate has directed the concerned authority of the Public Works Department, Jaunpur, to remove the encroachment.

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Learned counsel appearing for the State-respondents, at the outset, would submit that the order passed by the District Magistrate directing removing of encroachment from public land shall be carried out within a time frame.

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Statement is recorded and accepted.

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In regard thereto, writ petition stands disposed of directing the concerned authority of the Public Works Department to take measures to remove the encroachment from Plot No. 47 ad measuring 0.190 Hectare situated at Mohalla Jogiyapur, Pargana Haveli, Tehsil Sadar, District Jaunpur, if there be no legal impediment, as directed by the District Magistrate, Jaunpur, vide order dated 1 September 2017, in accordance with law, after effecting notice upon the fifth respondent.

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Order Date :- 4.1.2018 Mukesh Kr.

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(Suneet Kumar,J) ( Dilip B. Bhosale,CJ)

Bansgaon District Gorakhpur Samiti Thru Secy. v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Bansgaon District Gorakhpur Samiti Thru Secy. v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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