Disposed

Sushil Chandra Umrav v. Union of India and 3 Others

Allahabad HC23 Jun 2021WRIC/10559/2021

Case brief

AI extract

What is this about?

Petitioner challenged eviction notice for alleged encroachment on unacquired bhumidhari land. Court granted liberty to submit representation with title documents for decision by revenue authorities pending factual inquiry.

What did the court decide?

Petitioner granted liberty to submit representation with title documents; respondent to decide within six weeks after revenue reports.

Sushil Chandra Umrav Vs Union of… — Constitutional and Fundamental Rights | Allahabad HC (2021)

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Court No. - 40

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Case :- WRIT - C No. - 10559 of 2021

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Petitioner :- Sushil Chandra Umrav Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Suresh Singh Counsel for Respondent :- A.S.G.I.,C.S.C.,Pranjal Mehrotra,Rahul Pandey

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Hon'ble Manoj Misra,J. Hon'ble Anil Kumar Ojha,J.

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Heard learned counsel for the petitioner; Sri Pranjal Mehrotra for respondent no.2; learned Standing Counsel for respondent no.3; and perused the record.

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From the record it appears that the petitioner was served with a notice by the National Highways Authority of India to remove encroachment. The petitioner submitted a response to the notice.

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Seeking a direction upon the respondents to decide the response submitted by the petitioner and not to disturb the peaceful possession of the petitioner over his bhumidhari land this petition has been filed.

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Whether the petitioner is encroaching the land of the National Highways Authority of India or is in occupation over his own bhumidhari land which has not yet been acquired is a question of fact which can be addressed after taking reports and evidence.

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In view of the above, considering the facts of the case, we deem it appropriate to dispose off this petition by giving liberty to the petitioner to submit a comprehensive representation before the second respondent with all the documents relating to his title as also copy of the previous response submitted by him to the show cause notice. If any such representation is submitted before the second respondent within a period of three weeks from today, the same shall be addressed by the second respondent in accordance with law after calling for reports from the concerned revenue authorities. If thereafter the petitioner is aggrieved by the decision, it shall be open to the petitioner to take recourse to such other legal remedies as he may be advised. It is expected that the aforesaid exercise shall be completed within next six weeks from the date of filing of such representation It is made clear that we have not expressed any opinion on the merits of the claim of the petitioner.

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The petition stands disposed of as above.

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Order Date :- 23.6.2021. Rks.

Sushil Chandra Umrav v. Union of India and 3 Others

Case brief

What is this about?

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Sushil Chandra Umrav v. Union of India and 3 Others

Case brief

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