Disposed

Devdatt v. State of U.P. and 5 Others

Allahabad HC9 Mar 2022WPIL/306/2022

Case brief

AI extract

What is this about?

This court disposed of a PIL regarding alleged illegal encroachment over Gaon Sabha land without adjudicating on merits. It directed the petitioner to submit a representation to the Assistant Collector, who must enquire under Section 67 of the Uttar Pradesh Revenue Code, 2006 read with Rule 67 of the 2016 Rules and pass orders within six months, with subsequent removal of encroachments within one

What did the court decide?

Directed petitioner to submit representation to Assistant Collector for enquiry under Section 67 UP Revenue Code; removal of encroachments within one month if allegations confirmed.

Devdatt Vs State of U.P. and 5 Others — Landlord and Tenant | Allahabad HC (2022)

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Court No. - 4

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 306 of 2022

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Petitioner :- Devdatt Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Mohit Gautam,Rajesh Kumar Dubey Counsel for Respondent :- C.S.C.,Krishna Kant Singh

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Hon'ble Salil Kumar Rai,J.

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Heard counsel for the petitioner.

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The petitioner has approached this Court praying for a writ of mandamus directing the respondent authorities to remove the illegal encroachments made by respondent no. 7 over Arazi No. 345 (area 0.0400 hect.), which the petitioner alleges to be Gaon Sabha property.

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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 arazi 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 arazi, 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 Satyam

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Digitally signed by SATYAM AGRAHARI Date: 2022.03.09 14:01:17 IST Reason: Location: High Court of Judicature at Allahabad

Devdatt v. State of U.P. and 5 Others

Case brief

What is this about?

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Devdatt v. State of U.P. and 5 Others

Case brief

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