Partly allowed

Shiv Shankar Yadav v. State of U.P. and 4 Others

Allahabad HC15 Sept 2022WRIB/2034/2022

Case brief

AI extract

What is this about?

The High Court held adjournment and notice without expressing an opinion on merits. The court disposed of the writ petition quashing the notice. The court provided status quo relief until the Tehsildar decides the case on merits within four months.

What did the court decide?

Quashing of the order dated 19.06.2019 and notice dated 23.03.2022; direction to Tehsildar to decide the case on merits within four months; status quo maintained.

Shiv Shankar Yadav Vs State of U.P. and 4 Others — Property and Title | Allahabad HC (2022)

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Court No. - 52

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Case :- WRIT - B No. - 2034 of 2022

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Petitioner :- Shiv Shankar Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kailash Singh Yadav Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi

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Hon'ble Chandra Kumar Rai,J.

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Supplementary affidavit filed today is taken on record.

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Heard Mr. Kailash Singh Yadav, learned counsel for the petitioner, Learned Standing Counsel for respondent Nos.1 to 4 and Mr. Bhupendra Kumar Tripathi, learned counsel for respondent No.5 Land Management Committee.

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Instant petitioner has been filed for the following relief:

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(I) Issue a writ, order or direction in the nature of certiorari quashing the order dated 19.06.2019 ( Annexure No.6 to the writ petition) passed by respondent No.2 as well as the impugned notice dated 23.03.2022 issued by respondent No.4 (Annexure No.8 to the writ petition)

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(II) issue nay other suitable writ order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

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(III) award costs of this petition in favour of the petitioner .

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Learned counsel for the petitioner submitted that proceeding under section 34/35 of U.P. Land Revenue Code 2006 has been initiated in which the order dated 25.01.2018 for eviction and imposing penalty has been passed against the petitioner although the proceeding was not under Section 67 of the U.P. Revenue Code, 2006. Against the order dated 25.01.2018 petitioner filed a revision before the Board of Revenue under Section 333 of U.P.Z.A.& L.R. Act and the Board of Revenue by order dated 19.06.2019 has quashed the order dated 25.07.2018 and remitted the matter back before the courts

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below for fresh consideration.

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Learned counsel for the petitioner submitted that in pursuance of the remand order of Board of Revenue, matter is pending before the Court of Tehsildar having Case No. T- 202214700103843 Learned counsel for the petitioner has mentioned in the supplementary affidavit that district authorities are adamant to demolish the house of the petitioner situated in the plot in dispute.

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Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to respondent No.4 i.e. Tehsildar, Sadar, Varnasi, to consider and decide the Case No. T-202214700103843 in accordance with law on merit expeditiously and preferably within a period of four months from the date of production of certified copy of this order after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties.

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Till disposal of the case as mentioned above, status quo will be maintained by District authorities with respect of the nature and possession of the property in dispute.

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Order Date :- 15.9.2022

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PS*

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Digitally signed by PRITI SHARMA Date: 2022.09.15 18:26:56 IST Reason: Location: High Court of Judicature at Allahabad

Shiv Shankar Yadav v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Shiv Shankar Yadav v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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