Disposed

Pushpa Devi v. State of U.P. and 3 Others

Allahabad HC10 Aug 2022WRIC/8619/2022

Case brief

AI extract

What is this about?

A writ petition sought demarcation of specific land plots. The Court held that an effective alternative remedy exists under Section 24 of the U.P. Land Revenue Code, 2006. Consequently, the petition was disposed of with a direction to file the application before the competent authority.

What did the court decide?

Petitioner directed to file an application under Section 24 of the U.P. Land Revenue Code, 2006 read with Rule 22 of the Land Revenue Code Rules, 2016 within three weeks before the competent authority

Pushpa Devi Vs State of U.P. and 3… — Constitutional and Fundamental Rights | Allahabad HC (2022)

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Court No. - 19

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Case :- WRIT - C No. - 8619 of 2022

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Petitioner :- Pushpa Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bairister Singh Counsel for Respondent :- C.S.C.

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Hon'ble Prakash Padia,J.

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Heard Sri Komal Prasad Maurya, Advocate holding brief of Sri Bairister Singh learned counsel for the petitioner, learned Standing counsel for respondent Nos.1 to 3 and Sri Azad Rai, learned counsel for respondent No.4.

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

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"Issue a writ, order or direction in the nature of mandamus directing / commanding the direct the respondents concerns to demarcate the Gata No.815 measuring area 0.0600hect., Gata No.816 measuring area 0.0300hect, Gata No.817 measuring area 1.3143hect, Gata No.994 measuring area 0.0200 hect and total area 1.4243hect., which is situated in Mauja-Ram Nagar Gasiyari, Pargana —Mirzapur Chauhari, Tehsil-Sorawn, District Prayagraj."

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Today when the matter is taken up, learned Standing Counsel for the Staterespondents raised a preliminary objection that for redressal of his grievances, the petitioner has alternative remedy as provided under Section 24 of the U.P. Land Revenue Code, 2006 read with Rule 22 of the Land Revenue Code Rules, 2016 for demarcation of the land and the petitioner should be availed the aforesaid remedy.

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Heard learned counsel for the parties and perused the record.

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With the consent of learned counsel for the parties, this petition is disposed of directing the petitioner to file application as provided under Section 24 of the U.P. Land Revenue Code, 2006 read with Rule 22 of the Land Revenue Code Rules, 2016 before the concerned competent authority within three weeks from today along with a certified copy of this order. If such an application has been filed within stipulated time, the competent authority will pass appropriate orders on the same as expeditiously as possible and preferably within four months strictly in accordance with law thereafter.

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Digitally signed by SYED MOHAMMAD SAQLAIN HAIDER Order Date :- 10.8.2022/saqlain Date: 2022.08.11 15:01:01 IST Reason: Location: High Court of Judicature at Allahabad

Pushpa Devi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Pushpa Devi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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