Allowed

Premlata v. State of U.P. and 6 Others

Allahabad HC2 Mar 2023CRLP/5408/2022

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking direction to the Sub Divisional Magistrate to act on an order dated 28.01.2021 regarding removal of illegal wall construction. The Court directed the Magistrate to enforce the prior order within three weeks.

What did the court decide?

Direction to Sub Divisional Magistrate, Auraiya, to take action pursuant to order dated 28.01.2021 within three weeks.

Premlata Vs State of U.P. and 6 Others — Land Acquisition | Allahabad HC (2023)

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Court No. - 91 Case :- CRIMINAL MISC. WRIT PETITION No. - 5408 of 2022

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Petitioner :- Premlata Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Raj Kumar,Akhilesh Kumar Tiwari Counsel for Respondent :- G.A.

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Hon'ble Mohd. Azhar Husain Idrisi,J.

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Learned counsel for the petitioner and the learned A.G.A. are present.

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As per office report dated 1.3.2023 it reveals that pursuant to the order dated 26.5.2022 notices were issued to opposite party nos. 3 to 7 through registered post but the notices have been returned with the remark that opposite parties have refused to accept the same.

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Heard learned counsel for the petitioner and the learned A.G.A. for the State. Perused the record.

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The present writ petition has been filed by the petitioner Premlata with the following prayers:-

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"It is therefore, most respectfully prayed that this Hon'ble court may graciously pleased to -direct the Sub Divisional Magistrate, Auraiya, DistrictAuraiya to take necessary action against the private respondent in pursuance of order dated 28.01.2021 passed in Application U/s 145 Cr.P.C. being Case No. 00068 of 2021 and Computerized Case No. D202103050000068 (Smt. Premlata Versus Mahaveer and Others), within stipulated period of time as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. "

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The brief facts of the case are that petitioner purchased land for the purpose of construction of building situated at residential area Mauja Madhapur, Pargana and District Auraiya on 17.10.2016 from Ramesh Chandra son of Bankey Lal and from the date of execution of sale deed the petitioner is in possession over the land in question, but unfortunately private respondents have taken possession and constructed wall on the land in question. Petitioner filed Misc. Application under Section 145 Cr.P.C. before the Sub District Magistrate, Auraiya for direction to the competent authority to remove the illegal construction of the wall from his plot in question. On the said application, Sub Divisional Magistrate sought report from the concerned Station House Officer regarding the title or possession over land in question. The

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concerned Station House Officer submitted a report before the Sub Divisional Magistrate stating therein that the petitioner is in possession and original tenure holder of the said land. In pursuance of the police report, Revenue Lekhpal has submitted his report before the Sub Divisional Magistrate on 20.08.2020/26.08.2020. After considering the entire report submitted by revenue authority as well as police authority, the Sub Divisional Magistrate passed an order dated 28.01.2021 directing the concerned authority to remove illegal construction of the wall made by the private respondents. Thereafter petitioner moved an application dated 11.02.2021 before the Sub Divisional Magistrate for compliance of the order dated 28.01.2021 in which Sub Divisional Magistrate passed an order on the same day directing the Station House Officer concerned to comply with the order dated 28.01.2021. Petitioner regularly approached the concerned authority for removal of the illegal construction of the wall but no action has been taken by the revenue authority in favour of the petitioner.

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It is submitted by learned counsel for the petitioner that the petitioner is tenure holder of the land in question and is in possession but private respondents have illegally constructed the wall over the land in question. The petitioner is regularly approaching the concerned authority for removal of illegal construction of wall but no heed was paid. It is lastly submitted that a direction may be issued to the Sub Divisional Magistrate, Auraiya, District Auraiya for taking necessary action against the private respondents in pursuance of the order dated 28.01.2021 passed in Misc. Application under Section 145 Cr.P.C. being Case No. 00068 of 2021 (Smt. Premlata Vs. Mahaveer and others) within stipulated period of time.

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Learned A.G.A. has not disputed the aforesaid facts.

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Considering the facts and circumstances of the case and submissions made by learned counsel for the parties, without entering into the merits of the case, this writ petition is finally disposed of with the direction to the Sub Divisional Magistrate, Auraiya, District Auraiya to take necessary action in accordance with law pursuant to the order dated 28.01.2021 passed in Misc. Application U/s 145 Cr.P.C. being Case No. 00068 of 2021 and Computerized Case No. D202103050000068 (Smt. Premlata Versus Mahaveer and Others), within a period of three weeks from the date of production of a certified copy of this order, if there is no legal impediment.

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Order Date :- 2.3.2023/M. Tarik

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Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad

Premlata v. State of U.P. and 6 Others

Case brief

What is this about?

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Premlata v. State of U.P. and 6 Others

Case brief

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What did the court decide?

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