Dismissed

Ram Ishwar Singh v. State of U.P. and 6 Others

Allahabad HC9 Jul 2021WPIL/126/2021

Case brief

AI extract

What is this about?

In a PIL regarding alleged encroachments on Gaon Sabha land, the High Court held the petition unmaintainable. The Court directed the petitioner to seek redress by filing a representation before the Tehsildar under Section 67 of the U.P. Land Revenue Code, 2006, rather than approaching the Court under Article 226.

What did the court decide?

Petitioner directed to move a representation to the Tehsildar, District Deoria, to initiate proceedings under Section 67 of U.P. Land Revenue Code, 2006.

Ram Ishwar Singh Vs State of U.P. and 6 Others — Property and Title | Allahabad HC (2021)

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Court No. - 7

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 126 of 2021

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Petitioner :- Ram Ishwar Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Mohd. Samiuzzaman Khan Counsel for Respondent :- C.S.C.,Sunil Kumar Singh

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Hon'ble Rajeev Misra,J.

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1.Heard Mr. Mohd. Samiuzzaman Khan, learned counsel for petitioner and Mr. Sunil Kumar Singh learned counsel representing respondent-5 who are available on audio/video link. Learned Standing Counsel representing respondents 1, 2, 3 and 4 is also available.

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Present writ petition came up for admission on 28.01.2021 and this Court passed the following order:-

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"Serious allegations of encroachments have been made against sitting Gram Pradhan.

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In view of the allegations made, it is desirable that the learned standing counsel and also Sri Sunil Kumar Singh, learned counsel for the Gaon Sabha may obtain instructions as to the correctness or otherwise of the allegations made in the writ petition. Such instructions may also be placed on record on the next date.

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Put up as fresh on 18.02.2021."

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On the Matter being taken, learned Standing Counsel contends that instruction have been received by him.

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Ram Ishwar Singh, the writ petitioner has filed present writ petition as PIL for following relief:

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"(i) issue a writ order or direction in the nature of mandamus commanding the District Magistrate/Collector, Deoria to take necessary action for th eremoval of illegal encroachment over the Gaon Sabha land (Banjar Bhumi) Arazi No. 395 area 0.008 Hectare, Arazi No. 397 area 0.020 Hectare and Arazi No. 781Ka area 0.125 Hectare situated at Village Sirsiya Tappa Patna, Pargana-Shahjahanpur, Deoria and pass appropriate order on the complaint/representation dated 17.10.2020/19.10.2020 submitted by the petitioner expeditiously if possible withing one month (Annexure No. 1 to this Public Interest Litigation).

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(ii) or may pass such other order or further order which this Hon'ble Court may deem fit and proper under the circumstances of the case.

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(iii) To, award cost of the petition in favour of the petitioner."

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5.At the very outset, learned Standing Counsel representing respondents 1, 2, 3 & 4 has raised preliminary objection regarding maintainability of present writ petition by submitting that remedy lies to petitioner by moving an application before respondent 4 Tehsildar, Tehsil Sadar, District Deoria for initiating proceeding in terms of Section 67 of U.P. Land Revenue Code, 2006.

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When confronted with above, learned counsel for petitioner could not over come the same.

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Having heard, learned counsel for the petitioner, learned Standing Counsel and upon perusal of record, this Court finds that no useful purpose shall be served by keeping present writ petition pending.

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Accordingly, this writ petition filed as PIL is disposed of finally by directing petitioner to move a representation before respondent 4 Tehsildar, Tehsil Sadar, District Deoria for redressal of his grievances as prayed for in present writ petition. In case such a representation is filed before respondent 4, he shall proceed to take a decision upon same as to whether proceedings under Section 67 of U.P. Revenue Code, 2006 are required to be initiated regarding land in dispute or not within a period of three months from the date of production of a certified copy/computer generated copy of this order, which shall be filed by petitioner before respondent 4 by means of a notary affidavit. Order Date :- 9.7.2021 YK

Ram Ishwar Singh v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

Ram Ishwar Singh v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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