Disposed

Ranjeet Singh v. State of U.P. and 13 Others

Allahabad HC4 Mar 2022WPIL/234/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad disposed of this PIL directed the Tehsildar to treat a representation as an application under Section 67 of the U.P. Revenue Code, 2006, regarding encroachment on land, and ordered the matter to be concluded within four months after hearing.

What did the court decide?

Respondent No.4/Tehsildar directed to treat the representation as an application under Section 67 of U.P. Revenue Code, 2006 and conclude proceedings within four months after hearing.

Ranjeet Singh Vs State of U.P. and 13 Others — Land Acquisition | Allahabad HC (2022)

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Court No. - 18

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 234 of 2022

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Petitioner :- Ranjeet Singh Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Dileep Kumar Srivastava,Ranvijay Counsel for Respondent :- C.S.C.,Sudhir Bharti

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Hon'ble Prakash Padia,J.

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Heard learned counsel for the petitioner and learned Standing Counsel for respondent Nos.1 to 4 and Sri Sudhir Bharti, learned counsel for respondent No.5

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The petitioner has preferred the present Public Interest Litigation with the prayer to direct the respondents to remove the encroachment/illegal possessions of respondent No.6 to 14 over Arazi No.192 area 0.4290 hectare (Naveen Parti) situated in Village Chakiya Tehsil Deoria (Sadar) District Deoria within stipulated period.

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It is argued by learned counsel for the petitioner that in this regard a representation has been given by the petitioner before respondent No.4/Tehsildar, Tehsil Deoria (Sadar) District Deoria on 22.12.2021. It is argued by learned counsel for petitioner that Sub Section 6 of Section 67 of Code Rules, 2016 provided that the Assistant Collector shall make an endevour to conclude the proceedings initiated under Section 67 of U.P. Revenue Code, 2006 within a period of 90 days from the date of issuance of show cause notice. The aforesaid Rule is quoted below:-

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"(6) The Assistant Collector shall make an endeavour to conclude the proceeding under section 67 of the Code within the period of ninety days from the date of issuance of the show cause notice and if the proceeding is not concluded within such period the reasons for the same shall be recorded."

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It is argued that considerable time has already been lapsed but till date no final decision has been taken on the same.

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Heard learned counsel for the parties.

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With the consent of learned counsel for the parties, this P.I.L. is disposed of directing the respondent No.4/Tehsildar, Tehsil Deoria (Sadar) District Deoria to

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treat the aforesaid representation as application filed under Section 67 of the U.P. Revenue Code, 2006. The respondent No.4 is further directed to initiate and conclude the proceeding expeditiously and preferably within a period of four months but after providing opportunity of hearing to all the parties concerned, if there is no legal impediment. Order Date :- 4.3.2022 saqlain

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Digitally signed by SYED MOHAMMAD SAQLAIN HAIDER Date: 2022.03.07 13:44:08 IST Reason: Location: High Court of Judicature at Allahabad

Ranjeet Singh v. State of U.P. and 13 Others

Case brief

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Ranjeet Singh v. State of U.P. and 13 Others

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