Disposed

Hayat Ali v. State of U.P. and 8 Others

Allahabad HC28 Nov 2018WPIL/4846/2018

Case brief

AI extract

What is this about?

The Court disposed of a PIL regarding illegal encroachment on land in Basti district at the admission stage. It directed the petitioner to submit a representation to the Assistant Collector, who must inquire under Section 67 of the UP Revenue Code, 2006, within three months and remove encroachments within one month if allegations are found true. The Court clarified that it did not adjudicate the m

What did the court decide?

Directing the petitioner to submit a representation to the Assistant Collector for an inquiry under Section 67 of the UP Revenue Code, 2006, to investigate encroachment allegations and remove encroach

Hayat Ali 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. - 4846 of 2018

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Petitioner :- Hayat Ali Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Surendra Kumar Tiwari Counsel for Respondent :- C.S.C.,Dharam Deo Chauhan

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Hon'ble Vivek Kumar Birla,J.

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Heard learned counsel for the petitioner as well as Sri Shashi Kant Upadhyaya, learned Standing Counsel appearing for the State respondents no. 1 to 5 and Sri D.D. Chauhan, learned counsel appearing for the respondent no. 6 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 to (specially the respondents no. 2 to 5) to take appropriate action against the respondents no. 7, 8 and 9 to restrain and remove the illegal encroachment of Gatas no. 176, 177 and 114 which is recorded as pond (Garahi) in the revenue record and land of Deehi Abadi situated in Pakshim, Tehsil Harraiya, district Basti.

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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 p.s.

Hayat Ali v. State of U.P. and 8 Others

Case brief

What is this about?

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Hayat Ali v. State of U.P. and 8 Others

Case brief

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