Disposed

Deep Narayan Singh v. State of U P and 6 Others

Allahabad HC9 Jun 2021WPIL/324/2021

Case brief

AI extract

What is this about?

The High Court disposed of a PIL regarding encroachment claims on Gaon Sabha land. Instead of adjudicating merits, the Court directed the petitioner to submit a representation to the Assistant Collector. The Collector was instructed to verify allegations under Section 67 of the UP Revenue Code, 2006, with an option for removal of encroachments if proven, subject to appeal stays.

What did the court decide?

Directions to submit representation to Assistant Collector for inquiry under Section 67 UP Revenue Code, 2006 within three months, with potential removal of encroachments within one month if allegatio

Deep Narayan Singh Vs State of U P and 6 Others — Landlord and Tenant | Allahabad HC (2021)

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Court No. - 36

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 324 of 2021

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Petitioner :- Deep Narayan Singh Respondent :- State Of U P And 6 Others Counsel for Petitioner :- Prashant Pratap Rao,Amit Kumar Singh Counsel for Respondent :- C.S.C.,Sudhir Bharti

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Hon'ble Mahesh Chandra Tripathi,J.

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Heard learned counsel for the petitioner as well as Shri B.B. Pandey, learned Chief Standing Counsel, appearing for the State respondents and Shri Sudhir Bharti, learned counsel for the Gaon Sabha through video conferencing 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 respondent nos.2 and 3 to take appropriate action for removing the encroachments made by respondent nos.5 to 7 over Gata No.292 area 0.0570 hec. (Banjar) and Gata No.297 area 0.0650 hec. (Rasta) situated in Village Awara Chauri, Police Station Kotwali, Tehsil Sadar, District Deoria within stipulated time.

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Learned Chief Standing Counsel has submitted that petitioner be permitted to approach the concerned authority, who shall verify the aforesaid facts and shall take appropriate steps in accordance with law.

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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

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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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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 9.6.2021 RKP

Deep Narayan Singh v. State of U P and 6 Others

Case brief

What is this about?

What did the court decide?

Deep Narayan 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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