Disposed

Satya Narayan v. State of U.P. and 9 Others

Allahabad HC9 Jun 2021WPIL/326/2021

Case brief

AI extract

What is this about?

The court disposed of a PIL regarding alleged encroachments on Gaon Sabha land. It directed the petitioner to file a representation with the Assistant Collector to initiate an inquiry under the relevant Revenue Code rules, without adjudicating the merits.

What did the court decide?

Directed the petitioner to file a representation before the Assistant Collector to initiate an inquiry under Section 67 of the Uttar Pradesh Revenue Code, 2006 regarding alleged encroachments.

Satya Narayan Vs State of U.P. and 9 Others — Landlord and Tenant | Allahabad HC (2021)

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Court No. - 36

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 326 of 2021

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Petitioner :- Satya Narayan Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Santosh Kumar Pandey,Indrakant Dwivedi Counsel for Respondent :- C.S.C.,Hari Narayan Singh

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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 and Shri Apurva Hajela, learned Standing Counsel appearing for the State respondents and Shri Hari Narayan Singh, 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 authorities to remove the encroachments made by private respondent nos.7 to 10 over the Gaon Sabha land (pond), Khata No.313, Gata No.203 area 0.1050 hec. and Gata No.204 area 0.0.020 hec. situated in Gram Sabha Bhopat Patti, Pargana Pahara, Tehsil Sadar, District Farrukhabad 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

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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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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

Satya Narayan v. State of U.P. and 9 Others

Case brief

What is this about?

What did the court decide?

Satya Narayan 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

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