Disposed

Shiv Kumar v. State of U.P. and 3 Others

Allahabad HC20 Nov 2018WPIL/4821/2018

Case brief

AI extract

What is this about?

A writ petition filed by Shiv Kumar seeking directions to remove illegal encroachment from posture land was disposed of at the admission stage. The court directed the petitioner to submit a representation to the Assistant Collector to initiate inquiry under Section 67 of the Uttar Pradesh Revenue Code, 2006, with removal of encroachments if allegations are found true.

What did the court decide?

Directed the petitioner to submit a representation to the Assistant Collector for inquiry and removal of encroachment under Section 67 of the Uttar Pradesh Revenue Code, 2006.

Shiv Kumar Vs State of U.P. and 3 Others — Allahabad HC (2018) — LawSathi Research

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Court No. - 30

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4821 of 2018

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Petitioner :- Shiv Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vibha Srivastava Counsel for Respondent :- C.S.C.,Ram Babu Yadav

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Hon'ble Vivek Kumar Birla,J.

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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, learned counsel for the respondent no.5 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 respondent no.2 to take the action in accordance with law for maintaining the posture land in respect of Arazi no.1111, R/o Kanakpur, Post Kanakpur, Tehsil Gayanpur, District Bhadohi, Area 1.1690 hectare against the illegal encroachment of respondent no.3.

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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 :- 20.11.2018 AKJ

Shiv Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Shiv Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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