Disposed

Ravi Pal Singh v. State of U.P. and 8 Others

Allahabad HC13 Nov 2018WPIL/4752/2018

Case brief

AI extract

What is this about?

Single-judge court disposed of a PIL regarding encroachment on public land. It directed the Assistant Collector to initiate proceedings and remove encroachments within a stipulated period, given that authorities had already initiated relevant legal proceedings.

What did the court decide?

Direction to Assistant Collector to pass orders within three months and remove encroachments within one month thereafter unless stayed.

Ravi Pal Singh Vs State of U.P. and 8 Others — Public Procurement and Tenders | Allahabad HC (2018)

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Court No. - 30

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4752 of 2018

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Petitioner :- Ravi Pal Singh Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Brij Kumar Saroj,Sudhir Bharti Counsel for Respondent :- C.S.C.,Arun Kumar Srivastava

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Hon'ble Vivek Kumar Birla,J.

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Heard learned counsel for the petitioner as well as Sri B.P. Singh, learned Standing Counsel appearing for the respondents no. 1 to 3 and Sri Arun Kumar Srivastava, learned counsel appearing for the respondent no. 4 - Gaon Sabha.

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Present writ petition has been filed seeking a direction to the respondents no. 2 and 3 to take appropriate action against the respondents no. 5 to 9 to remove the encroachment made by unauthorized occupants over the public utility land i.e. plot no. 149/2 area 0.29 Hectare and plot no. 196, situated at Village Harra, Ahmadpur Jalal, Tahsil Dhampur, district Bijnor within a short stipulated period.

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Attention was drawn to various documents to indicate that illegal encroachment was found, however, learned Standing Counsel has produced a copy of the instructions dated 10.11.2018 received by him, which are taken on record, according to which proceedings under Section 67 of the U.P. Revenue Code, 2006 have already been initiated on 1.8.2018.

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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 the Assistant Collector shall pass appropriate orders within a period of three months from the date of production of a certified copy of this order. 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 :- 13.11.2018 p.s.

Ravi Pal Singh v. State of U.P. and 8 Others

Case brief

What is this about?

What did the court decide?

Ravi Pal Singh v. State of U.P. and 8 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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