Dismissed

Vidya Prasad v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Civil Sectt. Lucknow and 5 Others

Allahabad HC14 Sept 2022/5858/2022

Case brief

AI extract

What is this about?

In this writ petition regarding encroachment on Kasturba Gandhi Aawasiya Balika Vidyalaya land, the Court held that since proceedings under Section 67 of the U.P. Revenue Code, 2006 are already initiated and pending, the writ petition is disposed of.

What did the court decide?

No relief granted; the writ petition is disposed of finally.

Vidya Prasad Vs State of U.P. Thru. Prin. Secy… — Landlord and Tenant | Allahabad HC (2022)

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Court No. - 22

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Case :- WRIT - C No. - 5858 of 2022

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Petitioner :- Vidya Prasad Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Civil Sectt. Lucknow And 5 Others Counsel for Petitioner :- Dinesh Kumar Shukla,Sumit Kumar

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Counsel for Respondent :- C.S.C.,Mohan Singh

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the petitioner, learned standing counsel and Sri Mohan Singh, learned counsel for the opposite party no. 5.

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Learned counsel for the petitioner has submitted that opposite party no. 6 has made an encroachment on land Gata No. 297 mi/0.040 hectare and Gata No. 474/405 hectare recorded as Kasturba Gandhi Aawasiya Balika Vidyalaya in the revenue records situated at village Kasimganj, Pargana Deva Tehsil Nawabganj, District Barabanki.

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Despite the representations made by the petitioner, the encroachment has not been removed by the authorities which compelled the petitioner to approach this Court by filing the present writ petition.

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On the other hand, learned standing counsel on the basis of instructions dated 13.09.2022 received from the Joint Magistrate/Sub-Divisional Magistrate, Nawabganj, Barabanki (which is taken on record) has submitted that an enquiry was conducted and it has been found in the enquiry that on certain part of Gata No. 474, there is an encroachment of opposite party no. 6 (Kailash Nath) and rest of the land is vacant. Against the opposite party no. 6, the case has been registered under Section 67 of the U.P. Revenue Code, 2006 (hereinafter referred to as 'the Act, 2006') which is pending before the Tehsildar (Judicial), Nawabganj, Barabanki and the next date fixed is 21.09.2022.

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Considering the aforesaid and the fact that the proceedings under Section 67 of the Code, 2006 has already been initiated and the matter is sub judice before the competent court, no fruitful purpose would be served to keep this case pending before this Court, thus, the present writ petition is disposed of finally.

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It is expected that the case under Section 67 of the Code, 2006 shall be decided expeditiously.

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Order Date :- 14.9.2022 Nitesh

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Digitally signed by NITESH KUMAR TEWARY Date: 2022.09.14 14:55:30 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Vidya Prasad v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Civil Sectt. Lucknow and 5 Others

Case brief

What is this about?

What did the court decide?

Vidya Prasad v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Civil Sectt. Lucknow and 5 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

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