Disposed

Ram Lagan Tiwari v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. and 8 Others

Allahabad HC18 Sept 2023/763/2023

Case brief

AI extract

What is this about?

In this PIL concerning illegal land encroachment in Village Vishnupur Mafi, Gonda, the court disposed of the petition after revenue authorities initiated removal proceedings and instituted departmental action against officials. The petitioner was directed to expedite the Section 67 proceedings.

What did the court decide?

Disposed of the petition; directed to decide proceedings under Section 67 of U.P. Revenue Code, 2006 expeditiously.

Ram Lagan Tiwari Vs State of U.P. Thru. Prin. Secy… — Landlord and Tenant | Allahabad HC (2023)

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Court No. - 6

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 763 of 2023

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Petitioner :- Ram Lagan Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 8 Others

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Counsel for Petitioner :- Govind Kumar Chourasia Counsel for Respondent :- C.S.C.,Pankaj Gupta

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Hon'ble Rajnish Kumar,J.

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Heard Shri Govind Kumar Chaurasiya, learned counsel for the petitioner and Shri Yogesh Kumar Awasthi, learned Standing Counsel.

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This petition has been filed for a direction to the opposite party no.1 to 4 to remove illegal encroachment from the land of gram panchayat i.e. gata no.53/0.1210 hect. and 57/0.073 hect. which is recorded as Rasta and gata no.78/0.1940 hect. which is recorded as Talab in revenue record situated in VillageVishnupur Mafi, Pargana, Tehsil & District- Gonda with a further prayer to take appropriate action against the opposite party no.6.

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This Court had passed the following order on 23.08.2023:-

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"Sri Govind Kumar Chaurasiya, learned counsel for the petitioner submits that the opposite party nos. 6 to 9 have made illegal encroachment on Gata No.53/0.1210 hectare and 57/0.073 hectare, which is recorded as Rastaand Gata No.78/0.1940 hectare, which is recorded as Talab in the revenue record situated in Village Vishnupur Mafi, Pargana,Tehsil and District-Gonda and no action has been taken despite several representations made by the petitioner to various authorities. He further submits that it is the duty of the revenue authorities that no illegal encroachment is made and in case there is any illegal encroachment they have to take action on their own, for which a circular has also been issued by the Board of Revenue and Government Order by the State Government for taking disciplinary action against the said officers who have not taken action.

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Learned Standing Counsel and Sri Pankaj Gupta, learned counsel for the respondent pray for and are granted a week's time to seek complete instructions in the matter.

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List on 04.09.2023 in top twenty cases."

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Thereafter, the following order was passed on 04.09.2023:-

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"Shri Yogesh Kumar Awasthi, learned Standing Counsel, on the basis of instructions, submits that the encroachment has been found on two gatas

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bearing Gata No.57 and Gata No.78. The proceeding under Section 67 of the U.P. Revenue Code- 2006 for removal of encroachment has been initiated. He further submits that since appropriate steps were not taken by Lekhpal and Revenue Inspector, therefore the Lekhpal has been suspended and the departmental proceedings have been instituted and the notice has been issued to the Revenue Inspector.

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Learned counsel for the petitioner is not present.

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In the interest of justice, the case is adjourned for the day.

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List in the week commencing 18.09.2023 to enable the learned counsel for the petitioner to seek instructions in the matter."

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Learned counsel for the petitioner submits that since the action has already been taken, no further grievance has been left to be decided in this petition and this petition may be disposed of in accordance with law. To which there is no objection by the other side.

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In view of the order proposed to be passed, the issuance of notice to the opposite party nos.6 to 9 is dispensed with.

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In view of above, this petition is disposed of with direction to decide the proceeding under Section 67 of the U.P. Revenue Code, 2006 expeditiously in accordance with law and the other action taken against the Lekhpal and Revenue Inspector shall also be taken to its logical end in accordance with law.

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...................................................................(Rajnish Kumar, J.) Order Date :- 18.9.2023 Haseen U.

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

Ram Lagan Tiwari v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. and 8 Others

Case brief

What is this about?

What did the court decide?

Ram Lagan Tiwari v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. and 8 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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