Disposed

Vijay Shankar @ Vijay Kumar and Another v. State of U.P. and 6 Others

Allahabad HC28 Nov 2018WPIL/4780/2018

Case brief

AI extract

What is this about?

This PIL was disposed of at the admission stage by directing the petitioner to submit a representation to the Assistant Collector regarding encroachment over public land in Village Dewa. The court ordered the Collector to inquire under Section 67 of the UP Revenue Code, 2006 and remove encroachments if allegations are true within three months.

What did the court decide?

Petitioner directed to submit a representation to the Assistant Collector; Collector to inquire under Section 67 UP Revenue Code and remove encroachments within three to four months if allegations ver

Vijay Shankar @ Vijay Kumar and Another Vs State of… — Landlord and Tenant | Allahabad HC (2018)

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Court No. - 30

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4780 of 2018 Petitioner :- Vijay Shankar @ Vijay Kumar And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Rakesh Narain Shukla Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav

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Hon'ble Vivek Kumar Birla,J.

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Heard learned counsel for the petitioners, learned Standing Counsel appearing for the State respondents and Sri Manoj Kumar Yadav, learned counsel appearing for the respondent no. 3.

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Pursuant to the order dated 15.11.2018 supplementary affidavit has been filed today by the learned counsel for the petitioner, which is taken on record.

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

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

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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 seeking direction to the respondents to take necessary action against the respondent no. 4 to 7, who have illegally encroached the public land being Arazi No. 574 village Dewa, District Jaunpur within stipulated period.

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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 :- 28.11.2018 Lalit Shukla

Vijay Shankar @ Vijay Kumar and Another v. State of U.P. and 6 Others

Case brief

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Vijay Shankar @ Vijay Kumar and Another v. State of U.P. and 6 Others

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