Disposed

Amir Faheem v. State of U.P. and 5 Others

Allahabad HC29 Sept 2020WPIL/994/2020

Case brief

AI extract

What is this about?

In PIL No. 994 of 2020, the Court directed the petitioner to submit a representation to the Assistant Collector regarding alleged encroachments on Gaon Sabha land. The petitioner was instructed to initiate enquiry proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006, with a mandate to remove encroachments within one month if allegations are found true, while the writ petition itsel

What did the court decide?

Petitioner directed to submit representation; initiated enquiry under UP Revenue Code to remove encroachments if true; writ disposed.

Amir Faheem Vs State of U.P. and 5 Others — Writ and Judicial Review | Allahabad HC (2020)

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Court No. - 64

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 994 of 2020

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Petitioner :- Amir Faheem Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Nayab Ahmad Khan Counsel for Respondent :- C.S.C.

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Hon'ble Salil Kumar Rai,J.

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Heard counsel for the parties.

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The petitioner has approached this Court praying for a writ of mandamus directing respondents to remove the illegal encroachments made by respondent nos.5 & 6 over Plot No. 953 area 1.379 Hectare and 1219Min. area .139 hectare, which the petitioner alleges to be Gaon Sabha property.

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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 plots 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 plots, on receiving the aforesaid representation shall enquire 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 six 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 :- 29.9.2020 Shivangi

Amir Faheem v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Amir Faheem v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

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