Disposed

Kali Charan Sharma and 2 Others v. State of U.P. and 9 Others

Allahabad HC28 Sept 2020WPIL/970/2020

Case brief

AI extract

What is this about?

Court directed petitioners to seek administrative relief under the Uttar Pradesh Revenue Code, 2006 regarding Gaon Sabha land encroachment, rather than adjudicating writ merits, and ordered inquiry within six months.

What did the court decide?

Directed petitioners to file representation before Assistant Collector to trigger statutory inquiry under Section 67 of UP Revenue Code, 2006, with orders within six months.

Kali Charan Sharma and 2 Others Vs State of U.P. and 9… — Landlord and Tenant | Allahabad HC (2020)

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Court No. - 64

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 970 of 2020

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Petitioner :- Kali Charan Sharma And 2 Others Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Vidya Bhushan Srivastava Counsel for Respondent :- C.S.C.

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Hon'ble Salil Kumar Rai,J.

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Heard the counsel for the parties.

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The petitioners have approached this Court praying for a writ of mandamus directing respondent nos.2 & 3 to remove the illegal encroachments made by respondent nos. 6 to 10 over Gata No. 89/2 (Old number) now new Gata No. 202 which the petitioners allege to be Gaon Sabha property. However, from the records annexed with the writ petition, it does not appear that the petitioners have filed any application before the concerned Assistant Collector, even though under Section 67 of the Uttar Pradesh Revenue Code, 2006, it is the Assistant Collector, who is empowered to inquire into matters relating to encroachments over Gaon Sabha property and pass appropriate orders for removal of the said encroachments.

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It would serve no purpose to keep the writ petition pending, and therefore, it is directed that petitioners may submit a representation before the Assistant Collector bringing the relevant facts regarding encroachment over the aforesaid Gata 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 Gata, 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

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and pass appropriate orders within a period of six months from the date when the aforesaid representation is filed by the petitioners. In case the allegations of the petitioners 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 :- 28.9.2020 IB

Kali Charan Sharma and 2 Others v. State of U.P. and 9 Others

Case brief

What is this about?

What did the court decide?

Kali Charan Sharma and 2 Others v. State of U.P. and 9 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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