Disposed

Kamlesh Kumar Bind v. State of U.P. and 12 Others

Allahabad HC9 Mar 2022WPIL/305/2022

Case brief

AI extract

What is this about?

The Court directed the petitioner to file a representation before the Assistant Collector regarding alleged encroachment over Gaon Sabha plots. The Court mandated an enquiry under Section 67 UP Revenue Code 2006 within six months and removal of encroachments within one month if allegations are found true, without adjudicating the petition's merits.

What did the court decide?

Direction to submit representation to Assistant Collector for enquiry under Section 67 UP Revenue Code 2006 and removal of encroachments.

Kamlesh Kumar Bind Vs State of U.P. and 12 Others — Landlord and Tenant | Allahabad HC (2022)

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Court No. - 4

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 305 of 2022

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Petitioner :- Kamlesh Kumar Bind Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Ram Manohar Kashyap Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi

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Hon'ble Salil Kumar Rai,J.

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Heard counsel for the petitioner and Shri Bhupendra Kumar Tripathi, Advocate, representing the Gaon Sabha.

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The petitioner has approached this Court praying for a writ of mandamus directing the respondents to remove the illegal encroachments made by the private respondents over Plot Nos. 590, 551 and 588 which the petitioner alleges to have vested in the Gaon Sabha.

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It would serve no purpose to keep the writ petition pending, and therefore, it is directed that petitioner may submit a representation before the Assistant Collector bringing the relevant facts regarding encroachment over the aforesaid plots to the notice of the concerned Assistant Collector who, if no proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 have already been registered in relation to encroachment over the said plots, on receiving the aforesaid representation shall enquire into the allegations made by the petitioner after following the procedure prescribed under Section 67 of the Uttar Pradesh Revenue Code, 2006 read with Rule 67 of the Uttar Pradesh Revenue Code Rules, 2016 and pass appropriate orders within a period of six months from the date when the aforesaid representation is filed by the petitioner. In case, the allegations of the petitioner are found to be true the Assistant Collector shall ensure that the encroachments over the Gaon Sabha land are removed within a period of one month, thereafter, unless the order of Assistant Collector is stayed by any superior authority or court in any appeal or revision filed against the order of Assistant Collector.

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It is clarified that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition.

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With the aforesaid directions, the writ petition is disposed of.

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Order Date :- 9.3.2022 Anurag/-

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Digitally signed by SALIL KUMAR RAI Date: 2022.03.09 17:52:59 IST Reason: Location: High Court of Judicature at Allahabad

Kamlesh Kumar Bind v. State of U.P. and 12 Others

Case brief

What is this about?

What did the court decide?

Kamlesh Kumar Bind v. State of U.P. and 12 Others

Case brief

What is this about?

What did the court decide?

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