Disposed

Dinesh Kumar Dubey v. State of U.P. and 7 Others

Allahabad HC9 Sept 2022WRIC/26083/2022

Case brief

AI extract

What is this about?

This single-judge writ petition addressed a dispute over land demarcation where revenue authorities reported encroachment without action. Without merits, the court directed that if the petitioner files an appropriate application under Section 24 of the U.P. Revenue Code, 2006, it must be heard and disposed of within six months.

What did the court decide?

Direction to consider and dispose of an application under Section 24 of the U.P. Revenue Code, 2006 within six months if filed.

Dinesh Kumar Dubey Vs State of U.P. and 7 Others — Landlord and Tenant | Allahabad HC (2022)

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Court No. - 58

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Case :- WRIT - C No. - 26083 of 2022

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Petitioner :- Dinesh Kumar Dubey Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Rajesh Kumar Singh,Sumitra Singh Counsel for Respondent :- C.S.C.

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Hon'ble Chandra Kumar Rai,J.

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Heard Sri Rajesh Kumar Singh, counsel for the petitioner and the learned standing counsel for respondent nos. 1 to 3.

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The present writ petition has been filed for the following reliefs:-

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"Issue a Writ, order or direction in the nature of mandamus directing the respondent nos.2/3 to decide the representation of the petitioner dated 5.7.2021/25.3.2022 and safeguard the life, liberty and property (khasra number/araji no.39-K and 39-Kh), situated in village- Nibi Seni, Gram Panchayat- Nibi Dubey, Post- Nibi Dubey, Tehsil- Gola, Police Station- Barhalganj, District- Gorakhpur."

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Counsel for the petitioner submitted that there is a dispute of demarcation between the petitioner and contesting respondent. He further submitted that on the Tehsil Diwas, an application was filed before the tehsil authorities wherein report was submitted by the revenue authorities to the effect that contesting respondents have encroached the petitioner's land but no steps have been taken on the report submitted by the authorities which is causing irreparable injury to the petitioner.

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In view of the facts and circumstances of the case and in view of the submission of the learned counsel for the petitioner, without expressing any opinion on the merits of the case, this petition is disposed of with the direction that in the event the petitioner files an appropriate application /case under Section 24 of the U.P. Revenue Code, 2006 before the authority concerned for the redressal of his grievance, the same shall be considered and disposed of, after affording opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of 6 months, from the date of production of a certified copy of this order before the authority concerned, without granting unnecessary adjournments to either of the parties.

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Order Date :- 9.9.2022 C.Prakash

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Digitally signed by CHANDRA PRAKASH Date: 2022.09.09 16:36:58 IST Reason: Location: High Court of Judicature at Allahabad

Dinesh Kumar Dubey v. State of U.P. and 7 Others

Case brief

What is this about?

What did the court decide?

Dinesh Kumar Dubey v. State of U.P. and 7 Others

Case brief

What is this about?

What did the court decide?

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