Dismissed

Pramod Kumar Chaubey v. State of U.P. and 4 Others

Allahabad HC24 Mar 2022WRIC/2532/2022

Case brief

AI extract

What is this about?

The petitioner filed a writ petition for removal of unauthorized encroachment on agricultural land. The Court held the petition discussable but preferred statutory remedy. The petition was dismissed with liberty to file an application under Section 67 of the U.P. Revenue Code, 2006 within three weeks. Notices were dispensed for some respondents.

What did the court decide?

Petitioner directed to file application under Section 67 of U.P. Revenue Code, 2006 within three weeks.

Pramod Kumar Chaubey Vs State of U.P. and 4 Others — Landlord and Tenant | Allahabad HC (2022)

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Court No. - 18

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Case :- WRIT - C No. - 2532 of 2022 Petitioner :- Pramod Kumar Chaubey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vikas Mani Srivastava,Chandra Kant Counsel for Respondent :- C.S.C.,Pradeep Singh

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Hon'ble Prakash Padia,J.

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Heard learned counsel for the petitioner. Learned Standing Counsel has accepted notice on behalf of respondent nos. 1, 2 and 3 and Shri Pradeep Singh, learned counsel accepted notice on behalf of respondent no. 5.

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In view of the order proposed to be passed today, notices need not be issued to the respondent no.4.

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The petitioner has preferred the present petition inter-alia with the prayer to direct the respondent-authorities to remove the unauthorized and illegal encroachment/construction raised by the respondent no.4 from the Arazi No-28 area 0.0250 Hectare and Arazi No-32/2 area 0.7790 Hectare, recorded as Banjar and Arazi No.32/3 area 0.0930 Hectare (Recorded as Ram Leela Ground) situated in Gram Sabha Village-Lalpur, Pargana Kriyat Thana/Tahsil-Chunar, District- Mirzapur..

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A preliminary objection has been raised by the learned Standing Counsel appearing on behalf of respondents that the present petition filed by the petitioner directly before this Court is not at all maintainable due to availability of statutory remedy as provided under Section 67 of the U.P. Revenue Code, 2006.

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In this view of the matter, it is argued that the present petition may be dismissed with liberty to the petitioner to approach the authority concerned.

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At this point of time, a prayer has been made by the counsel for the petitioner to dismiss the present petition with liberty to the petitioner to approach the authority concerned as provided under section 67 of the U.P. Revenue Code Rules, 2006.

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In view of above the present petition is dismissed.

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In case the petitioner will file an application before the authority concerned as provided under section 67 of the U.P. Revenue Code, 2006 within a period of three weeks from today. The authority concerned will decide the same expeditiously and preferably within a period of four months after providing an opportunity of hearing to all the parties concerned.

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Order Date :- 24.3.2022

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Swati

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Digitally signed by SWATI PATHAK Date: 2022.03.24 15:57:14 IST Reason: Location: High Court of Judicature at Allahabad

Pramod Kumar Chaubey v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Pramod Kumar Chaubey v. State of U.P. and 4 Others

Case brief

What is this about?

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What the court decided

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