Disposed

Sohan Singh Yadav and 3 Others v. State of U.P. and 5 Others

Allahabad HC24 Jul 2018WRIC/23738/2018

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What is this about?

In Writ C No. 23738 of 2018, the Single Judge of UP HC disposed of a petition seeking quashing of unauthorized construction orders. The court recorded that authorities had withdrawn the impugned orders, satisfying the first prayer, and left the second prayer open for appropriate civil court.

What did the court decide?

Writ petition disposed of; relief under clause (i) considered satisfied due to withdrawal of impugned orders; relief under clause (ii) left open for appropriate court.

Sohan Singh Yadav and 3 Others Vs State of U.P. and 5… — Landlord and Tenant | Allahabad HC (2018)

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Court No. - 32

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Case :- WRIT - C No. - 23738 of 2018

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Petitioner :- Sohan Singh Yadav And 3 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Gulab Chandra Counsel for Respondent :- C.S.C.

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Hon'ble Shashi Kant Gupta,J. Hon'ble Rajiv Gupta,J.

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This writ petition has been filed , inter alia , for the following relief:

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"( i). issue a writ, order of direction in the nature of certiorari calling for and quashing of the impugned orders dated 1.6.2018/5/6.2018 passed by respondent District Magistrate/ authorities in respect of bhumidhari land plotno 334ka area 0.939 Mauja Lahariya ,Pargana and Tahsil Orai District Jalaun and to allow the writ petition with costs.

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(ii) issue a writ, order of direction in the nature of mandamus commanding to the respondents concerned to remove the unauthorised constructions existing over bhumidhari land plot no. 334ka area 0.939 mauja lahariya, pargana and tahsil orai District Jalaun, restoring the previous situation of the land of petitioners as before 1.6.2018 in the interest of justice."

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On 19.7.2018, this court had passed the following order:

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As prayed by the learned Standing Counsel, put up as fresh on 24.7.2018 to enable him to seek instructions in the matter and to apprise the District Magistrate, Jalaun about the earlier order dated 22.5.2017 passed by this Court in Writ - C No. 22484 of 2017 (Devi Singh Yadav Vs. State of UP & 9 Others) whereby the authorities were directed/informed that no action is required to be taken in terms of the order of the District Magistrate dated 24.4.2017 and parties may approach the Court in the civil suit."

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In pursuance of the aforesaid order, learned Standing Counsel has produced a copy of the order dated 20th July, 2018 passed by the District Magistrate, Jalaun at Orai as well as the Tahsildar Orai, District Jalaun withdrawing the orders dated 1.6.2018 and 5.6.2018 respectively, which are taken on record. Thus, the prayer under relief clause(i) of the writ petition , after passing of the aforesaid orders by the concerned authorities, stands satisfied.

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Let the aforesaid order dated 20.7.2018 be kept on record.

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So far as the relief sought by the petitioner in prayer clause (ii) of the writ petition is concerned, it is open for the petitioner to approach the appropriate court in accordance with law for redressal of his grievance.

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With the above observation, the writ petition stands disposed of.

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Order Date :- 24.7.2018 MLK

Sohan Singh Yadav and 3 Others v. State of U.P. and 5 Others

Case brief

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Sohan Singh Yadav and 3 Others v. State of U.P. and 5 Others

Case brief

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