Amrit Lal Vs State of U.P. and 2 Others

Court No. - 18

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 34 of 2021

Petitioner :- Amrit Lal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Dutta Pandey,Arun Kumar Patel

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Counsel for Respondent :- C.S.C.,Sunil Kumar Singh

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Hon'ble Prakash Padia,J.

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Heard learned counsel for the petitioner, learned Standing Counsel on behalf of respondents no.1 & 2 and Sri Azad Rai, learned counsel for the respondent no.3.

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The petitioner has preferred the present Public Interest Litigation inter-alia with the prayer to direct the respondent no.2/Sub Divisional Magistrate, Tehsil-Soraon, District Prayagraj to remove the encroachment made by the several villagers on various plots, which were recorded as pond, playground, pasture, khad ka gaddha and khalihan. All the lands are situated in Village-Siswa, Tehsil-Soraon, District Prayagraj.

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A preliminary objection has been raised by learned Standing Counsel as well as Mr. Azad Rai, learned counsel for the gram sabha that the petitioner has a statutory alternative remedy to approach the authority concerned as provided under sub Rule 5 of Rule 6 of the U.P. Revenue Code Rules, 2016.

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In view of the matter, present petition is disposed of finally directing the petitioner to file appropriate application before the authority concerned as provided under sub Rule 5 of Rule 6 of the U.P. Revenue Code Rules, 2016 within a period of three weeks from today. If such an application is filed, the authority concerned, is directed to take final decision in the matter expeditiously and preferably within a period of three months from the date of receipt of certified copy of this order.

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Order Date :- 4.3.2022 Pramod Tripathi

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Digitally signed by PRAMOD TRIPATHI Date: 2022.03.05 14:54:25 IST Reason: Location: High Court of Judicature at Allahabad

Amrit Lal v. State of U.P. and 2 Others

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Amrit Lal v. State of U.P. and 2 Others

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