Disposed

Umesh Prasad v. State of U.P. and 11 Others

Allahabad HC22 Nov 2018WPIL/4840/2018

Case brief

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What is this about?

The court disposed of a PIL regarding illegal encroachment on Gaon Sabha land. It directed the petitioner to submit a representation to the Assistant Collector for inquiry under the Uttar Pradesh Revenue Code, 2006, and to initiate proceedings under Section 26 if the land involved is a Rasta.

What did the court decide?

Directed representation submission to Assistant Collector for inquiry under U.P. Revenue Code, 2006.

Umesh Prasad Vs State of U.P. and 11 Others — Landlord and Tenant | Allahabad HC (2018)

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Court No. - 30

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4840 of 2018

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Petitioner :- Umesh Prasad Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Ram Sumer Chaudhary Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan

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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 T.M. Khan, 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 respondent no. 2 to demolish/remove the illegal encroachment by the private respondents upon the Araji No. 311 area 0.1130 hectare (Pond), Araji No. 312 area 0.1420 hectare (Chakmarg), Araji No. 299 area 9 demimal, Arani No. 80 area 14 decimal, Araji No. 91 area 30 decimal and Araji No. 58 situated at Village - Medinipur, Post - Khushhal Nagar, Block - Ghughali, Tehsil - Sadar, District - Maharajganj.

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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

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filed against the order of Assistant Collector.

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However, in so far as Rasta is concerned, i.e., Araji No. 312 and Araji No. 58, the concerned respondents are also at liberty to initiate proceedings under section 26 of the U.P. Revenue Code, 2006.

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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 :- 22.11.2018 Amit Mishra

Umesh Prasad v. State of U.P. and 11 Others

Case brief

What is this about?

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Umesh Prasad v. State of U.P. and 11 Others

Case brief

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