Disposed

Shri Narayan v. State of U P and 5 Others

Allahabad HC13 Nov 2018WPIL/4763/2018

Case brief

AI extract

What is this about?

The Court disposed of the writ petition at the admission stage. It directed the petitioner to submit a representation to the Assistant Collector to inquire about encroachment over Gaon Sabha land under Section 67 of the UP Revenue Code, 2006, with a directive to remove encroachment if allegations are verified within three months. Court clarified it did not adjudicate merits.

What did the court decide?

Directed petitioner to submit representation to Assistant Collector for inquiry under Section 67 UP Revenue Code, 2006, to ensure encroachment removal within three months if verified.

Shri Narayan Vs State of U P and 5 Others — Allahabad HC (2018) — LawSathi Research

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Court No. - 30

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4763 of 2018

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Petitioner :- Shri Narayan Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Kamalendra Kumar Maurya Counsel for Respondent :- C.S.C.,Ram Babu Yadav

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Hon'ble Vivek Kumar Birla,J.

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At the very outset, learned counsel for the petitioner prays that he may be permitted to correct the prayer clause.

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Prayer so made is allowed. He may do so during the course of day.

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Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri Ram Babu Yadav, counsel for the respondent-Gaon Sabha and perused the record.

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With the consent of the parties, the writ petition is disposed of at the admission stage.

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Present petition has been filed with a prayer to direct the respondents no. 2 and 3 to remove the illegal encroachment made by the respondents no. 6 by raising construction of wall over the plot no. 89 area 0.1410 hectare which is recorded in revenue record as Jal Magn Bhumi (Talab) situated in Mauja Devkali, Village Panchayat Jagarnathpur Tehsil Aurai District Bhadohi.

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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 petitioner may submit a representation before the Assistant Collector bringing the relevant facts regarding encroachment over the aforesaid plot to the notice of the concerned Assistant Collector who, if no proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 have already been registered in relation to encroachment over the said plot, on receiving the aforesaid representation 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 the date when the aforesaid representation is filed by the petitioner. 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 Abhishek

Shri Narayan v. State of U P and 5 Others

Case brief

What is this about?

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Shri Narayan v. State of U P and 5 Others

Case brief

What is this about?

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