Disposed

Birbal Chauhan v. State of U.P. through Secretary Revenue and 7 Others

Allahabad HC13 Jul 2021WPIL/917/2021

Case brief

AI extract

What is this about?

Petitioner challenged the delay in deciding a representation regarding encroachment over a chak road. Despite previous rulings advising use of statutory remedies under the U.P. Revenue Code, 2006, the Court directed the Assistant Collector/Tehsildar to decide the specific representation within two months to ascertain the necessity of initiating proceedings.

What did the court decide?

Direction to respondent-2 to decide the representation dated 16.04.2021 within two months to determine if proceedings under Section 26 are required.

Birbal Chauhan Vs State of U.P. through Secretary… — Property and Title | Allahabad HC (2021)

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Court No. - 7

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 917 of 2021

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Petitioner :- Birbal Chauhan Respondent :- State Of U.P. Through Secretary Revenue And 7 Others

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Counsel for Petitioner :- Vijay Nishad,Ram Manohar Kashyap Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi

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Hon'ble Rajeev Misra,J.

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Heard Mr. Ram Manohar Kashyap, learned counsel for petitioner and Mr. B.K. Tripathi, learned counsel representing respondent-3, who are available on audio/video link. Learned Standing Counsel representing respondents-1 and 2 is also available.

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Petitioner has filed present writ petition as PIL claiming following reliefs:-

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"(i) Issue a writ, order or direction in the nature of mandamus direction the respondent no.2 (Assistant Collector/Tehsildar, Tehsil Jakhania, District Ghazipur) to decide the application filed under section 26 of the U.P. Revenue Code, 2006 which is registered as dispatch no.1210 dated 16.4.2021 pending before the respondent no.2 within a stipulated period of time as fixed by this Hon'ble Court.

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(ii) Issue any other appropriate writ, order or direction to which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

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(iii) Award the cost of writ petition in favour of the petitioner."

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Record shows that petitioner earlier approach this Court by means of PIL No.1166 of 2020, which was disposed of finally vide order dated 11.11.2020. For ready reference, same is reproduced herein under:-

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"Heard learned counsel for the petitioner, Shri Sunil Kumar Singh, counsel appearing for Gaon Sabha and learned counsel for the Staterespondents.

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Petitioner complains of encroachment over a chak road.

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For redressal of his grievance, petitioner can invoke Section 26 of the U.P. Revenue Code,2006, which is a specific provision for dealing with encroachments over chak road etc.

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Moreover, since a statutory remedy exists for redressal of petitioner grievance, this P.I.L. is not maintainable and is hereby, dismissed with

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the observation that the petitioner may, in case so advised, invoke under Section 26 of the U.P. Revenue Code,2006, for appropriate relief."

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Subsequent to order dated 11.11.2020, petitioner made a representation dated 08.03.2021 to respondent-2, Assistant Collector/Tehsildar, Tehsil Jakhania, District Ghazipur praying therein that proceedings under Section 67 of U.P. Revenue Code, 2006 be initiated for removing encroachment upon survey plot nos.615 and 618, which are recorded as pathway. Subsequently, petitioner filed a representation dated 16.04.2021 before respondent-2, Assistant Collector/Tehsildar, Tehsil Jakhania, District Ghazipur, wherein petitioner prayed that proceedings under Sections 25 and 26 of U.P. Revenue Code, 2006 be initiated for removing encroachments made over plot nos.615 and 618.

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Grievance of petitioner is that representation dated 16.04.2021 has not been decided till date.

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Learned counsel for petitioner contends that by virtue of provisions contained in Section 26 of U.P. Revenue Code, 2006, respondent-2, Assistant Collector/Tehsildar, Tehsil Jakhania, District Ghazipur is under a legal obligation to ascertain as to whether encroachment has been made on public pathway or not. In case, encroachment exists, then proceedings under Section 26 of U.P. Revenue Code, 2006 be initiated for removal of encroachment. However, grievance of petitioner is that this exercise has not been taken by respondent-2 till date.

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Accordingly, this writ petition is finally disposed of with a direction to respondent-2, Assistant Collector/Tehsildar, Tehsil Jakhania, District Ghazipur to decide the representation of petitioner dated 16.04.2021 for the limited purpose as to whether proceedings under Section 26 of U.P. Revenue Code, 2006 are required to be initiated or not. Aforesaid exercise shall be under taken within a period of two months from the date of production of a certified/computer generated copy of this order, which shall be filed by petitioner before respondent-2 by means of a notary affidavit.

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Order Date :- 13.7.2021 Saif

Birbal Chauhan v. State of U.P. through Secretary Revenue and 7 Others

Case brief

What is this about?

What did the court decide?

Birbal Chauhan v. State of U.P. through Secretary Revenue and 7 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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