The court directed the State of U.P. to initiate eviction proceedings under Section 67 of the U.P. Revenue Code, 2006, within two weeks regarding encroached Gaon Sabha land and concluded the writ petition.
Direction to initiate eviction proceedings under Section 67 of U.P. Revenue Code within two weeks.
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Court No. - 7
Case :- WRIT - C No. - 21299 of 2020
Petitioner :- Mukesh Kumar Mishra Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Gopal Krishna Pandey Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Siddhartha Varma,J.
The petitioner is aggrieved by the fact that certain Gaon Sabha land had been encroached upon by respondent nos.5 to 8.
Earlier an order was passed on 15.12.2020 by which the learned Standing Counsel was required to take instructions as to what steps the State was taking to get the encroachments removed. However, no instructions were being placed.
Under such circumstances, it is being directed that the State shall initiate proceedings for eviction of the encroachers from the land in question under section 67 of the U.P. Revenue Code, 2006 within a period of two weeks from the date of presentation of a copy of this order. The copy of this order shall be duly certified by the learned counsel for the petitioner. It is further directed that the proceedings thereafter shall be concluded within the time provided under Rule 67(6) of the U.P. Revenue Code Rules, 2016.
The writ petition is, accordingly, disposed of.
Order Date :- 5.1.2021 GS
(Siddhartha Varma, J.)
2 issues framed by the court
Whether the State is obligated to initiate eviction proceedings for encroached Gaon Sabha land within a specified time.
Whether the writ petition challenging the non-action on encroachment should be disposed of.
2 provisions across 2 enactments
Mukesh Kumar Mishra
State Of U.P.
Siddhartha Varma
As recorded by the court registry
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