Dismissed

Mithai Lal v. State of U.P. and 6 Others

Allahabad HC29 Mar 2022WRIC/2488/2022

Case brief

AI extract

What is this about?

Petitioner sought a writ for eviction of land recorded as Talab held by respondents. The Court held the writ petition not maintainable as alternative statutory remedy under Section 67 of U.P. Revenue Code, 2006 was available. The Court permitted the petitioner to initiate proceedings within three weeks, directing the authority to comply with time limits under Code Rules, 2016.

What did the court decide?

Petitioner permitted to avail statutory remedy under Section 67 of U.P. Revenue Code within three weeks; authority directed to conclude proceedings within 90 days.

Mithai Lal Vs State of U.P. and 6 Others — Land Acquisition | Allahabad HC (2022)

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Court No. - 7

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Case :- WRIT - C No. - 2488 of 2022

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Petitioner :- Mithai Lal Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Virendra Kumar Shukla,Ram Bali Counsel for Respondent :- C.S.C.,Azad Rai

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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 ,Azad Rai , learned counsel for the respondent No.4.

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The petitioner has preferred the present writ petition with the following prayer:-

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"issue a writ, order or direction in the nature of MANDAMUS commanding the State respondents to get vacate the Arazi No. 250/0.0500 hectare recorded as Talab (Pond) situated in village Aamepur, Pargana Kewai, Tehsil Handia, District Prayagraj from respondent No.5 to 7. A preliminary objection has been raised by learned Standing Counsel that the present P.I.L. is not maintainable as the alternative remedy has been available to the petitioner to initiate the proceedings under Section 67 of the U.P. Revenue Code before the competent authority and the petitioner must have been avail the aforesaid alternative statutory remedy. It is argued by learned counsel for respondent that Sub Rule 6 of Rule 67 of Code Rules, 2016 provided that the authority concerned 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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He further argued that if the petitioner will avail the aforesaid

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remedy, the concerned authority will decide the same within time as provided Sub Rule 6 of Rule 67 of Code Rules, 2016.

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Heard learned counsel for the parties.

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With the consent of learned counsel for the parties, this writ petiton is disposed of permitting the petitioner to avail the statutory remedy as provided under Section 67 of the U.P. Revenue Code, 2006 within a period of three weeks from today. If such a proceeding is initiated, the concerned competent authority is directed to conclude the proceeding within the time limit as provided 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.

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Order Date :- 29.3.2022 saqlain

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Digitally signed by SYED MOHAMMAD SAQLAIN HAIDER Date: 2022.03.30 11:17:30 IST Reason: Location: High Court of Judicature at Allahabad

Mithai Lal v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

Mithai Lal 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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