Dismissed

Bhallar v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Civil Secrt. Lko. and Others

Allahabad HC14 Feb 2023/101/2023

Case brief

AI extract

What is this about?

In a PIL seeking directions to remove illegal occupation of land recorded as public utility, the Court observed that statutory proceedings had already been initiated as per the U.P. Revenue Code. The Court held no interference was required and dismissed the petition by consigning it to records.

What did the court decide?

The writ petition was consigned to records. No directions were issued for removal of illegal possession.

Bhallar Vs State of U.P. Thru. Prin. Secy. Revenue Deptt… — Land Acquisition | Allahabad HC (2023)

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Court No. - 1

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 101 of 2023

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Petitioner :- Bhallar

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Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Civil Secrt. Lko. And Others Counsel for Petitioner :- Ramesh Chandra Gupta Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey

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Hon'ble Ramesh Sinha,J. Hon'ble Subhash Vidyarthi,J.

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Heard Shri Ramesh Chandra Gupta, learned counsel for the petitioner, Shri Anand Singh, learned Standing Counsel for State-respondent nos.1 to 4 and Shri Dilip Kumar Pandey, learned counsel for respondent no.5.

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The instant writ petition has been filed in public interest claiming issuance of a direction to the opposite parties for removal of illegal possession/ occupation of the opposite party nos.6 to 15 from the land of Gata nos. 1058, 1434, 1423, 1432 and 1410 hectares, which is recorded as Rastas, Holika Dahan, Khalihan and Khadgaddha in the revenue records.

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On the basis of written instructions, the learned Standing Counsel for the Staterespondents has submitted that the lands in question are recorded under Section 77 of the U.P. Revenue Code, 2006 as the land reserved for public utility. The proceedings have already been initiated under Section 67 of the U.P. Revenue Code, 2006, in the Court of Assistant Collector/ Tehsildar, Tehsil Nighasan, District Khiri in respect of the illegal possession over the lands in question and 24.02.2023 is fixed for hearing of the Suit.

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As the statutory proceedings for removing the persons in illegal possession of the public utility land have already been initiated, the instant petition filed by the same parties cannot be entertained.

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In view of the aforesaid discussions, no interference is required by this Court in the matter.

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The instant writ petition filed as Public Interest Litigation is, hereby, consigned to records .

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(Subhash Vidyarthi, J.) (Ramesh Sinha, J.)

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Order Date :- 14.2.2023 Arnima

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Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Bhallar v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Civil Secrt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Bhallar v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Civil Secrt. Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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