Disposed

Narendra Bhushan Singh v. State of U.P. and 6 Others

Allahabad HC14 Mar 2022WPIL/362/2022

Case brief

AI extract

What is this about?

The High Court disposed of a PIL praying for removal of illegal possession and delay in proceedings under U.P. Revenue Code, 2006. The court directed the concerned respondent to conclude proceedings under Section 67 expeditiously within four months following the prescribed rules after providing a hearing opportunity.

What did the court decide?

Directed the respondent to conclude proceedings under Section 67 of U.P. Revenue Code, 2006 within four months after providing opportunity of hearing to all parties.

Narendra Bhushan Singh Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2022)

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Court No. - 18

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 362 of 2022

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Petitioner :- Narendra Bhushan Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Amar Nath Pandey Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi

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Hon'ble Prakash Padia,J.

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Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos. 1 to 3 and Sri Bhupendra Kumar Tripathi, learned counsel for the respondent No.4.

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The petitioner has preferred the present Public Interest Litigation (P.I.L.) with the following prayer:-

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"1-Issue a writ, order or direction in the nature of mandamus commanding the Respondents Authorities to take necessary steps against the respondent No. 5 to 7 removing their illegal possession over the Plot No. 556 area0.0090 Hectare and Plot No. 591 area 0.1780 Hectare situated in village Gairi Khurd, Post, Khunsapur, Tehsil-Badlapur, District Jaunpur and maintain as Navin Parti."

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It appears from perusal of the record that an application as provided under

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Section 67 of U.P. Revenue Code, 2006 was filed by the petitioner before the Sub Divisional Officer, Sadar Jaunpur on 14.12.2021, copy of which is appended as Annexure No.3 to the P.I.L. 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 the proceedings have not been concluded within the stipulated period.

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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 concerned respondent to conclude the proceeding most expeditiously and preferably within a period of four months from the date of production of certified copy of this order as prescribed the procedure under Sub Rule 6 of Rule 67 of Code Rules, 2016, after providing opportunity of hearing to all the parties concerned, if there is no legal impediment. Order Date :- 14.3.2022 saqlain

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Digitally signed by SYED MOHAMMAD SAQLAIN HAIDER Date: 2022.03.15 09:57:59 IST Reason: Location: High Court of Judicature at Allahabad

Narendra Bhushan Singh v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

Narendra Bhushan Singh v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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