Disposed

raghunath yadav v. State of U.P. and 9 others

Allahabad HC16 Nov 2018WPIL/2952/2018

Case brief

AI extract

What is this about?

Court disposed of PIL petition about illegal encroachment over Gaon Sabha land by directing Assistant Collector to conduct an inquiry under Section 67 UP Revenue Code within three months and remove encroachments if verified within one month, without adjudicating merits.

What did the court decide?

Assistant Collector directed to inquire under Section 67 UP Revenue Code within three months and remove encroachments within one month if verified.

raghunath yadav Vs State of U.P. and 9 others — Land Acquisition | Allahabad HC (2018)

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Court No. - 30

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2952 of 2018

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Petitioner :- Raghunath Yadav Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Sanjay Pandey,Pradeep Singh Counsel for Respondent :- C.S.C.,C.S.C.,Manoj Kumar Yadav,Pradeep Singh

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Hon'ble Vivek Kumar Birla,J.

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List revised. No one is present to press this petition.

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Heard learned Standing Counsel and perused the record.

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Present petition has been filed with a prayer that the respondents no. 1 to 4 be directed to remove illegal encroachment and construction over Arzi No. 72 having area 0.177 Hectare situated in Village Ratasi, Post Bahripur, Pargana Chanda, Tehsil Badlapur, District Jaunpur made by respondent no. 5 to 10 within the stipulated period.

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Learned Standing Cousnel has produced before this Court a copy of the instructions dated 15.09.2018 so received by him, which is taken on record.

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I have perused various orders passed by this Court in the present petition. According to latest instructions dated 15.09.2018, the proceedings under Section 67 are still pending before the competent court.

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In view of the aforesaid, it would serve no purpose to keep the writ petition pending, and therefore, it is directed that if the aforesaid proceedings are still pending, the Assistant Collector shall inquire into the allegations made by the petitioner after following the procedure prescribed under Section 67 of the Uttar Pradesh Revenue Code, 2006 read with Rule 67 of the Uttar Pradesh Revenue Code Rules, 2016 and pass appropriate orders within a period of three months from.

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In case the allegations of the petitioner are found to be true the Assistant Collector shall ensure that the encroachments over the Gaon Sabha land are removed within a period of one month thereafter unless the order of Assistant Collector is stayed by any superior authority or court in any appeal or revision filed against the order of Assistant Collector.

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It is clarified that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition.

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With the aforesaid directions, the writ petition is disposed of.

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Order Date :- 16.11.2018 SKG

raghunath yadav v. State of U.P. and 9 others

Case brief

What is this about?

What did the court decide?

raghunath yadav v. State of U.P. and 9 others

Case brief

What is this about?

What did the court decide?

What the court decided

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