Petitons challenging a notice to remove a structure allegedly built on a public pond. Court directed the authority to stay coercive action pending consideration of filed objections.
Directed respondent to pass a speaking order on objections and stay coercive action until the order is passed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 21
Case :- WRIT - C No. - 39210 of 2022
Petitioner :- Mamta Pathkar Alias Mamta Devi And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Kunal Shah,Ashish Pandey,Shiv Kumar Singh,Suvansit Kumar Jaiswal Counsel for Respondent :- C.S.C.,Brajesh Singh
Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J.
Heard counsel for the petitioners, learned Standing Counsel for the State respondents and Sri Brajesh Singh for respondent nos. 5 and 6.
The petitioners are aggrieved by a notice dated 1.12.2022 issued by Executive Officer, Nagar Palika Parishad, Gursarai, Jhansi, stating that as per report of revenue team dated 22.11.2022, it transpires that the petitioners had constructed their house over Gata no. 1073, which is recorded as a pond in the revenue records. Consequently, the petitioners have been asked to remove the constructions within a week, failing which the same would be removed by the respondents.
The petitioners have filed written objections along with documentary evidence stating that the pond is recorded over Gata no. 1070, whereas Gata no. 1073 was purchased by them from the recorded tenure holder. The submission is that without deciding the objections, the respondents are threatening to demolish the constructions.
Learned counsel appearing on behalf of respondent nos. 5 and 6, states that the objections will be decided and until then, no coercive action will be taken against the petitioners.
Accordingly, the petition is disposed of by providing that the respondent shall pass a speaking order, taking into consideration the objection filed by the petitioners and until the order is passed as above, no coercive action shall be taken against the petitioners in pursuance of the impugned notice.
(Jayant Banerji, J.) (Manoj Kumar Gupta, J.)
Order Date :- 21.12.2022 Jaideep/-
Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad
1 issue framed by the court
Whether the lower court can direct the State to refrain from coercive action while objections are being heard.
Mamta Pathkar Alias Mamta Devi And Another
State Of U.P.
5 Others
Manoj Kumar Gupta
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
