Disposed

Bachhi Devi v. State of U.P. and 2 Others

Allahabad HC12 Sept 2022WRIC/20166/2022

Case brief

AI extract

What is this about?

The High Court directed the revenue authority to implement the final demarcation order under Section 24 U.P. Land Revenue Code, 2006. The court held that a pending restoration application does not stay an order with no pending court stay, ordering demarcation within six weeks before finally considering the restoration.

What did the court decide?

The respondent Joint Magistrate to complete demarcation within six weeks of receiving the certified order copy before considering the restoration application.

Bachhi Devi Vs State of U.P. and 2 Others — Land Acquisition | Allahabad HC (2022)

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Court No. - 52

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Case :- WRIT - C No. - 20166 of 2022

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Petitioner :- Bachhi Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vibhu Rai,Dhananjai Rai Counsel for Respondent :- C.S.C.

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Hon'ble Chandra Kumar Rai,J.

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Heard Sri Vibhu Rai, learned counsel for the petitioner and learned Standing Counsel for respondent nos.1 to 3.

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The instant petition has been filed for the following reliefs:

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"1. Issue an appropriate writ, order or direction commanding the respondent nos.1 and 2 to constitute a committee consisting of officers higher than the rank of Revenue Inspector for demarcation of the land of petitioners by meets and bound in pursuance of the field book and the report prepared on 9.7.2017 which has been approved by the order dated 7.10.2021 and get the demarcation done within a time frame preferably within one month or as may be directed by this Hon'ble Court.

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2. Issue an appropriate writ, order or direction commanding the respondent no.1 to take decision over the representation filed by the petitioner dated 1.6.2022 and 17.6.2022 by a reasoned and speaking order within the stipulated time period as may be directed by this Hon'ble Court.

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3. Issue any other and further appropriate writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

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4. About the cost of the petition to the petitioners."

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This Court vide order dated 21.7.2022 directed learned Standing Counsel to obtain instruction in the matter as to why the demarcation as sought by the petitioner has not been carried out by the revenue authorities.

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Learned Standing Counsel has produced instruction received by him from Sub-Divisional Magistrate, Salempur, District- Deoria to the effect that Vishwanath and Baijnath sons of Munni Lal have filed restoration application in respect to Case No.05773 of 2018/Computerized No.T201805200205773 and the same is under consideration.

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Copy of restoration application is also annexed along with instruction which reveals that application was filed on 27.6.2022 to recall the order dated 7.10.2021 as well as report dated 9.7.2017 along with prayer for condonation of delay.

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Learned counsel for the petitioner submitted that proceeding under

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Section 24 of the U.P. Land Revenue Code, 2006 initiated by the petitioner in the year 2017 in respect to Plot No.2761 which belongs to petitioner, has attained finality vide order dated 7.10.2021, as such, by way of the restoration, the proceeding cannot be held up which has attained finality and there is no interim order against the final order dated 7.10.2021.

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I have considered the argument advanced by learned counsel for the parties and perused the record.

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There is no dispute about the fact that the order dated 7.10.2021 passed in the proceeding under Section 24 of U.P. Land Revenue Code, 2006 has not been stayed by court of law.

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Accordingly, the order dated 7.10.2021 should be implemented forthwith. The restoration application does not come in the way of the order against which there is no interim order of any Court.

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In view of the facts and circumstances, it is directed that respondent no.2 i.e. Joint Magistrate/Sub-Divisional Magistrate, Salempur, Deoria shall complete the demarcation in pursuance of the final order dated 7.10.2021 within period of six weeks from the date of production of certified copy of the order and before deciding the demarcation finally, restoration application can be considered and disposed of by the authorities concerned in accordance with law.

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With the above observations, the writ petition is finally disposed of.

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Order Date :- 12.9.2022 Rameez

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Digitally signed by RAMEEZ AHMED Date: 2022.09.13 14:31:01 IST Reason: Location: High Court of Judicature at Allahabad

Bachhi Devi v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Bachhi Devi v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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