The High Court directed that the allegation of encroachment on public passage by private respondents should be examined by the competent authority under the U.P. Revenue Code, 2006, and disposed of the writ petition accordingly.
Writ petition disposed of directing the matter to the competent authority under the U.P. Revenue Code, 2006.
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Court No. - 40
Case :- WRIT - C No. - 31772 of 2021
Petitioner :- Kripa Shankar Tiwari Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Vinod Kumar Ojha Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
Allegation that public passage (chak marg) has been encroached upon by the private respondent nos. 5 to 7 can more appropriately be examined by the competent authority in view of Section 25/26 of the U.P. Revenue Code, 2006.
In the facts of the case, it is provided that in case such an application is filed, the competent authority after notice to the affected persons shall make all endeavours to conclude the proceedings expeditiously.
Writ petition is accordingly disposed off.
Order Date :- 17.12.2021 VMA
2 issues framed by the court
Whether the alleged encroachment on public passage requires examination by the competent authority under the U.P. Revenue Code, 2006.
Whether the High Court can entertain the writ petition regarding encroachment on public passage.
1 provisions across 1 enactments
Kripa Shankar Tiwari
State Of U.P.
Ashwani Kumar Mishra
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
