Disposed

Thunnu v. State of U.P. and 6 Others

Allahabad HC5 Jul 2021WPIL/948/2021

Case brief

AI extract

What is this about?

In a PIL concerning illegal encroachment on Gaon Sabha land, the Court found no purpose in keeping the petition pending. It disposes of the petition by directing the petitioner to file a representation with the Assistant Collector/Tehsildar to decide on initiating eviction proceedings. A timeline of three months is set for the authority's decision.

What did the court decide?

Petition disposed; petitioner directed to file a representation before the Assistant Collector/Tehsildar for eviction proceedings under Section 67.

Thunnu Vs State of U.P. and 6 Others — Landlord and Tenant | Allahabad HC (2021)

¶1

Court No. - 7

¶2

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 948 of 2021

¶3

Petitioner :- Thunnu Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ramesh Kumar Mishra,Gyanendra Kumar Mishra

¶4

Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi

¶5

Hon'ble Rajeev Misra,J.

¶6

Case called out in revised list.

¶7

Heard Mr. Gyanendra Kumar Mishra, learned counsel for petitioner who is available on audio/video link. Learned Standing Counsel representing respondents 1, 2, 3 & 4 is also available.

¶8

Notice on behalf of respondent 5-Gaon Sabha has been accepted by Mr. B.K. Tripathi, Advocate who is also available on audio/video link.

¶9

Petitioner has filed present writ petition as a Public Interest Litigation (PIL) with a prayer that a writ of mandamus be issued directing State respondents to remove illegal encroachment made by respondents 6 & 7 over Gaon Sabha land comprised in survey plot no. 153 area 0.073 hectare and survey plot no.154 area 0.182 hectare situate in Village Gaura, Pargana Kariyatmedha, Tehsil-Badlapur, District Jaunpur recorded as Naveen Parti and Usar in revenue records.

¶10

At the very outset, learned Standing Counsel contends that Section 67 of U.P. Revenue Code, 2006 (in short Code) clearly provides for eviction of unauthorised occupants/encroachments made over Gaon Sabha land. He therefore, contends that remedy of petitioner is to approach to competent authority namely respondent 4 Assistant Collector/Tehsidar for initiating proceedings under Section 67 of the Code, in case respondents 6 & 7 have encroached upon Gaon Sabha land.

¶11

Having heard learned counsel for the petitioner, learned Standing Counsel for respondents 1 to 4, Mr. Bhupendra Kumar Tripathi learned counsel representing respondent 5 and upon perusal of record, this Court finds that no useful purpose shall be served by keeping this writ petition (PIL) pending.

¶12

Accordingly, this writ petition (PIL) stands disposed of finally

¶13

by directing petitioner to move a representation/complaint before respondent 4 Assistant Collector/Tehsildar, Tehsil Badlapur, District Jaunpur for ventilation of the grievances as raised in present writ petition. In case petitioner files a representation as stated above then respondent 4 Assistant Collector/Tehsildar shall proceed to decide the same for the purpose as to whether proceeding under Section 67 of U.P. Revenue Code, 2006 are required to be initiated or not against respondents 6 and 7. Such a decision shall be taken within a period of three months from the date of production of a certified copy/computrized copy of this order which shall be filed by petitioner before respondent 4 by means of a notary affidavit.

¶14

Order Date :- 5.7.2021

¶15

piyush

Thunnu v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

Thunnu v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Piroo and 2 Others Vs State of U.P. and 4 Others

Munshi Lal and 21 Others Vs State of U.P. and 3 Others

Smt. Usha Devi Vs State of U.P. and 4 Others

Ramesh Chandra and 3 Others Vs State of U.P. and 3 Others

Tauheed Ahmad Vs Deputy Director of Consolidation and 4 Others

Anil Kumar Pandey Vs State of U.P. and 6 Others