Disposed

Dharmendra Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue Civil Secrt. Lko. and 7 Others

Allahabad HC28 Jul 2023/664/2023

Case brief

AI extract

What is this about?

The Court disposed of a PIL seeking a writ of mandamus to vacate a plot in Village Dedpasar. Relying on instructions from revenue authorities confirming illegal encroachment had been removed, the Court directed authorities to ensure public land remains encroachment-free.

What did the court decide?

The PIL is disposed of; authorities directed to ensure public utility land remains free from encroachment.

Dharmendra Kumar Vs State of U.P. Thru. Prin. Secy… — Land Acquisition | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:49904

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Court No. - 4

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 664 of 2023

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Petitioner :- Dharmendra Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Civil Secrt. Lko. And 7 Others Counsel for Petitioner :- Sanjay Tripathi,Digvijay Mani Tripathi

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Counsel for Respondent :- C.S.C.,Mohan Singh

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Sanjay Tripathi, learned counsel for the petitioner and Sri Yogesh Kumar Awasthi, learned Standing Counsel for the State-respondents no.1 to 4. Notice for opposite party no.5/Village Panchayat has been accepted by Sri Mohan Singh.

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In view of the proposed order, notices to opposite parties no.6, 7 & 8 are hereby dispensed with.

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By means of this PIL, the petitioner has prayed following main relief:-

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"I. Issue a writ order or direction in the nature of MANDAMUS thereby directing the opposite parties no. 1 to 4 for getting it vacated plot no. 217 situate at Village - Dedpasar, Pargana, Tehsil & District - Amethi which is recorded as Chakmarg, implementing their own order dated 16.06.2023 passed by SubDivisional Magistrate, Tehsil & District - Amethi (Annexure No. 1) in the interest of justice."

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Sri Yogesh Kumar Awasthi, learned Standing Counsel has produced instructions so provided by the Sub Divisional Officer, Amethi, District- Amethi and Tehsildar, Amethi enclosing therewith the spot memo, black and white photographs of the area, the same are taken on record.

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As per the aforesaid instructions, just after noticing the fact that the gata in question has been encroached by the illegal encroachers, a revenue team alongwith the police team has inspected the area and found that there was some illegal encroachment. The aforesaid illegal encroachment has been removed. For making construction of the Chakmarg, the land has been handed over to the Land Management Committee. The spot memo has been prepared wherein the revenue authorities

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and villagers have signed.

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In the wake of aforesaid development, since the illegal encroachment from the gata in question has been removed and such land is free from encroachment, therefore, there is no purpose to keep this PIL pending any longer, but at the same time it is directed that the revenue authorities/ officials shall ensure that all public utility land of the Gaon Sabha in question is free from encroachment.

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This PIL is accordingly disposed of .

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[Rajesh Singh Chauhan,J.]

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Order Date :- 28.7.2023 RBS/-

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

Dharmendra Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue Civil Secrt. Lko. and 7 Others

Case brief

What is this about?

What did the court decide?

Dharmendra Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue Civil Secrt. Lko. and 7 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

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