Disposed

Suresh Kumar Dwivedi Alias Suresh Kumar and Another v. Union of India and 13 Others

Allahabad HC12 Jan 2022WRIC/27931/2021

Case brief

AI extract

What is this about?

This writ petition challenged an order permitting third parties to sell firewood on the petitioners' ghat, arguing it interfered with their management rights. The Court declined to examine the dispute, leaving it open for the petitioners to pursue the pending police complaint.

What did the court decide?

The writ petition was disposed of without adjudication of merits; pleas and contentions are left open for raising before the appropriate forum.

Suresh Kumar Dwivedi Alias Suresh Kumar and Another Vs… — Property and Title | Allahabad HC (2022)

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Court No. - 21

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Case :- WRIT - C No. - 27931 of 2021

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Petitioner :- Suresh Kumar Dwivedi Alias Suresh Kumar And Another Respondent :- Union Of India And 13 Others Counsel for Petitioner :- Vimal Dharm Yadav,Bharat Kishore Srivastava

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Counsel for Respondent :- A.S.G.I.,C.S.C.,Suman Jaiswal

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.

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The instant writ petition is directed against the order dated 24.4.2020 passed by respondent no.6 and for various directions to the respondents to ensure that no interference is caused in the right of the petitioners to manage Bhagwatdas Ghat, Kanpur, situated over survey no. 9, classified as B3 land in the cantonment records.

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The petitioners claim that they have occupationary rights over the subject land since the time of their ancestors. They have been managing Bhagwatdas Ghat (burning ghat) situated over it. The impugned order is in nature of an endorsement made by ADM City, Kanpur Nagar on 9.5.2020 on an application filed by respondents 11, 12 & 13 permitting them to sell firewood on the Ghat for lighting pyres, if such a need arises. The said permission is subject to condition that Covid Protocol relating to social distancing shall be duly observed. The petitioners claim that thereby, their exclusive right to manage the Ghat, has been interfered with. It is also the submission of learned counsel for the petitioners that since the land in question is defence land, therefore, respondent no.6 was not competent to pass any order.

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It is not disputed that the impugned endorsement was made on 24.4.2020. The instant writ petition has been filed almost after

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one and half year i.e. on 22.10.2021. The order was passed on the application of respondents 11, 12 and 13 wherein it is stated that there were two stall for selling wood for pyres- one belongs to the petitioner, which is situated on the ghat. The other one belongs to the respondents, which is situated at a distance of 100 paces. They have sought permission for carrying the wood to the ghat by e-rikshaw to minimise difficulty to the bereaved. The order passed was only an interim arrangement, looking to the exigencies existing at that time. The documents annexed with the writ petition reveals that the petitioners have made complaint before the Assistant Police Commissioner, Kanpur Nagar. He has called for certain report from the Defence Estate Officer vide letter dated 14th June, 2021. The Defence Estate Officer is said to have submitted his report on 18th June, 2021.

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Counsel for the petitioners state that the enquiry initiated on the complaint of the petitioners is still pending.

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Having regard to the above facts, we are not inclined to examine the dispute in exercise of writ jurisdiction. We leave it open to the petitioners to press their complaint which they had filed before the Assistant Police Commissioner, Kanpur Nagar and in pursuance whereof report was sought from the Defence Estate Officer.

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The petition stands disposed of accordingly.

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All pleas and contentions are left open for being raised before appropriate forum.

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Order Date :- 12.1.2022 CS/-

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(Dr. Y.K. Srivastava,J.) (Manoj Kumar Gupta,J.)

Suresh Kumar Dwivedi Alias Suresh Kumar and Another v. Union of India and 13 Others

Case brief

What is this about?

What did the court decide?

Suresh Kumar Dwivedi Alias Suresh Kumar and Another v. Union of India and 13 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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