Dismissed

Sripati Yadav v. State of U.P. and 3 Others

Allahabad HC2 Jul 2021WRIC/2539/2021

Case brief

AI extract

What is this about?

Petitioner challenged eviction proceedings under U.P. Land Revenue Code, 2006, Section 67. The eviction order was challenged in an appeal pending before the appellate authority. The Court directed the appellate authority to dispose of the appeal and stay applications expeditiously.

What did the court decide?

Directed the appellate authority to decide the appeal and any stay application expeditiously. The petition otherwise dismissed.

Sripati Yadav Vs State of U.P. and 3 Others — Land Acquisition | Allahabad HC (2021)

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Court No. - 2

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Case :- WRIT - C No. - 2539 of 2021

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Petitioner :- Sripati Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Triloki Singh,Akhilesh Kumar Pandey Counsel for Respondent :- C.S.C.,Sunil Kumar Singh

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Hon'ble Suneet Kumar,J.

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Heard learned counsel for the petitioner and learned Standing Counsel through video conferencing.

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By means of instant writ petition, petitioner seeks following reliefs:

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_"A) Issue a writ, order or direction in the nature of mandamus commanding the respondents to not evict the petitioner from the dwelling house of the petitioner situated upon the Gata No. 50 (M) of Village _Misrauli, Tappa Mail, Tehsil Salempur, District Deoria, during the pendency of appeal pending before the respondent No. 2 as well as the Civil Suit No. 716 of 2019 before the court of Civil Judge (J.D.) Court No. 10, further more.

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B) Issue a writ, order or direction in the nature of Mandamus directing the respondent No. 2 to decide the stay application as well as the appeal filed by the petitioner as early as possible against the order dated 09-10.2020 (order of eviction)."

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This Court on 04.02.2021 passed the following order:

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“ The petitioner assails the proceedings initiated by the respondent drawn under Section 67 of the U.P. Land Revenue Code, 2006. The aforesaid proceedings ultimately resulted in the framing of an order of eviction on 09 October 2020. Although the aforesaid order has been challenged in appeal, on account of the ensuing pandemic the said appeal has neither been registered nor heard. Even the stay application moved therein was not taken up for disposal. In the meantime, learned counsel apprises the Court, that the residential premises of the petitioner itself came to be demolished and the petitioner evicted on 10 October 2020.

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In view of the aforesaid, the Court hereby direct the respondent no.2 to forthwith take up the appeal for consideration including any application for stay that has been moved therein. The Collector shall ensure that the application for interim directions in appeal is considered with expedition and in any case within a period of 72 hours from today. Learned Standing Counsel is requested to apprise the Collector of the passing of this order to enable him to comply with the above awaiting the placement of a certified copy of the order passed today.

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Include in the list of fresh of 15 February 2021 of the appropriate Court to review progress.

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The matter shall not be treated as part heard or tied up to this Court.”

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Pursuant thereof, learned Standing Counsel, on instructions, submits that petitioner has been evicted from the property in dispute. However, his appeal is pending.

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In view thereof, the petition is disposed of directing the appellate authority to decide the appeal expeditiously after hearing all the aggrieved parties.

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Order Date :- 2.7.2021 P. Sri.

Sripati Yadav v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Sripati Yadav v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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