Dismissed

Rajiv Singh and Another v. State of U P and 11 Others

Allahabad HC4 Oct 2023WPIL/1050/2022

Case brief

AI extract

What is this about?

Allahabad High Court disposed of a PIL alleging encroachment over pond lands. Relying on a revenue team report confirming valid possession by respondents and absence of encroachment, the Court held no judicial interference was required and dismissed the petition.

What did the court decide?

Public Interest Litigation dismissed as no judicial interference required given the revenue report finding no encroachment and valid possession by respondents.

Rajiv Singh and Another Vs State of U P and 11 Others — Property and Title | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:191118

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Court No. - 51

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1050 of 2022

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Petitioner :- Rajiv Singh And Another Respondent :- State Of U P And 11 Others Counsel for Petitioner :- Ved Prakash Pandey Counsel for Respondent :- C.S.C.,Dharmendra Shukla,Raja Ullah Khan

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Hon'ble Chandra Kumar Rai,J.

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Order on C.M. Withdrawal Application No.7 of 2023 dated 15.2.2023

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Heard counsel for the parties.

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The instant application has been filed on behalf of the petitioners supported by affidavit of Petitioner No.2 to dismiss the instant P.I.L. as not press with liberty to file fresh P.I.L.

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Counsel for the applicant submitted that he does not want to press the instant application.

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I have considered the argument advanced by learned counsel for the parties and perused the record.

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5.The instant P.I.L. has already been entertained as such the same can not be dismissed as not press.

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In view of aforementioned facts and circumstances the application is rejected.

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Order on C.M. Application No.8 of 2023 dated 3.3.2023

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Heard counsel for the parties.

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The instant application has been filed on behalf of petitioners supported by affidavit of Petitioner No.1 with the prayer that the instant P.I.L. be heard and disposed of on

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merit as earlier application dated 15.2.2023 has been filed with out his instruction.

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Counsel for the applicant submitted that withdraw application No.7 of 2023 has been filed by Petitioner No.2 for withdrawal of the P.I.L, but Petitioner No.1 is not ready for withdrawal of the instant P.I.L.

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In view of the order passed on withdrawal Application No.7 of 2023, the instant application is allowed. The instant P.I.L. shall be heard on merit.

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Order on Writ Petition

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1.Heard Mr. Ved Prakash Pandey, Counsel for the petitioners, Mr. Dharmendra Shukla, counsel for respondent Nos.6,7 and 12, Mr. Raja Ullah Khan, counsel for respondent No.7 and Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the Staterespondents.

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The instant writ petition has been filed for the following relief:

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"(i) Issue a writ, order or direction in the nature of mandamus directing to respondents to remove the encroachment of ponds situated in the Village-Khudaganj Bangar Gata No.10 and village Deeppur Gata No.398, 434 M 435, 436, 437, 438, 440, 442, 443, 449, 160, 173.

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(ii) Issue a writ order or direction in the nature of mandamus directing the respondents to stopped the encroachment which is continue in the Gata No.10 area 4.52 hectare situated in village Khudaganj Bangar, Pargana-Jalalpur, Tehsil-Tilhar, DistirctShahjahanpur."

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Brief facts of the case are that Instant Public Interest Litigation herein after shall be referred as P.I.L. has been filed on behalf of petitioners alleging that they are social

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worker as well as President (Petitioner No.1) and Vice President (Petitioner No.2) of Bhartiya Janta Party DistrictShahjahanpur. It is further mentioned that petitioners are residing in the Village- Khudaganj, Tehsil- Tilhar, DistrictShahjahanpur and there is no any personal interest of the petitioners in the instant matter. It is further mentioned in the petition that Plot No.10 situated in Village- Khudaganj Bangar, Pergana- Jalalpur, Tehsil- Tilhar, DistrictShahjahanpur is recorded as pond in the revenue record and Respondent Nos. 6 to 12 are in illegal possession over the same as such encroachment of respondent no. 6 to 12 are liable to be removed forthwith. It is further mentioned in the petition that Plot Nos. 398, 434M. 435M, 436, 437, 438, 439, 440, 442, 443M, 449, 160 and 173 situated in a VillageDeeppur, Pergana- Jalalpur , Tehsil- Tilhar, DistrictShahjahanpur are recorded as pond in the revenue record and the same have been encroached by the Villagers of the village as such immediate action be taken for the removal of the encroachment from the plot mentioned above. Copy of Khatauni, C.H. Form 41 and 45 have been annexed alongwith the petition.

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On 9.6.2022 following order was passed by this Court:-

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"The allegation of the petitioner is that encroachment is being made over pond located in Gata No.10, situate at village Khudaganj Bangar, Pargana Jalalpur, Tehsil Tilhar, District Shahjahanpur and village Deeppur, located in Gata Nos. 398, 434M, 435, 436, 437, 438, 440, 442,443,449, 160 and 173, both within the District of Shahjahanpur.

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Let the Collector, Shahjahanpur submit a report in the matter by 16.06.2022.

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Lay as fresh on 16.06.2022 along with the Collector's report.

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Let this order be communicated to the Collector, Shahjahanpur by the Registrar (Compliance) within 24 hours."

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On 16.6.2022 following order was passed by this Court:-

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"Perusal of the report submitted by the Collector, Shahjahanpur shows that there is an attempt by certain persons named in the report to encroach upon the pond land.

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The Collector, Shahjahanpur shall take immediate steps to prevent that encroachment and file a counter affidavit which shall be his personal affidavit, on or before 11.07.2022.

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List on 11.07.2022.

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Let this order be communicated to the Collector, Shahjahanpur by the Registrar (Compliance), within 48 hours."

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In compliance of the order dated 16.6.2022 passed by this Court a counter affidavit dated 8.7.2022 supported by affidavit of District Magistrate was filed which is on record.

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Another counter Affidavit dated 21.8.2022 has been filed on behalf of Private Respondent No. 6,7, and 12 which is also on record.

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There is no rejoinder affidavit on record to the aforementioned counter affidavit filed on behalf of respective respondents, rather one withdrawal application has been filed which has been disposed of by this Court by separate order passed today on withdrawal application.

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Counsel for the petitioners submitted that plot in dispute are recorded as pond in the revenue records. He further submitted that there are encroachment over the plot in

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dispute, as such proper direction be issued for immediate removal of encroachment from the plot in dispute.

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Mr. Abhishek Shukla learned Additional Chief Standing Counsel for the state submitted that in the counter affidavit filed by the State, specific averment has been made annexing the copy of the report of revenue team to the effect that plot No.10 having an area 1.829 hectare situated in village-Khudaganj Bangar, District-Shahjahanpur, is divided in sub gatas. He further submitted that as per Khatauni pertaining to 1421-1426 fasli, Gata No.10/1 area 0.271 hectare, Gata No.10/2 area 0.402 hectare, Gata No.10/3 area 0.402 hectare, Gata No.10/4 area 0.270 hectare, Gata No.10/5 area 0.270 hectare are recorded in the name of tenure holders (Azim Ali and Arshi Begum) as bhumidhar with transferable rights and Plot No. 10M area 0.206 hectare is recorded in the name of Tahir Ali as bhumidhar with transferable right. It is further mentioned that District Magistrate has directed the Sub-Divisional Magistrate to conduct spot inspection, accordingly revenue team has conducted the spot inspection and submitted its report dated 21.06.2022 in which it is mentioned that there is no encroachment at all over the pond in question. Report of the revenue team has been annexed as Annexure C.A.1 to the counter affidavit filed by the State.

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Mr. Dharmendra Shukla advocate and Mr. Raza Ullah Khan advocate appearing for private respondents on the basis of counter affidavit filed by private respondent submitted that, the khatauni of 1421-1426 fasli has been annexed as Annexure No. CA1 in order to demonstrate that

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plot No.10/1 to 10/5 are recorded in the name of Azim Ali and Arshi Begum and Plot No.10M is recorded in the name of Jahir Ali.They further submitted that contesting respondents are in possession of the plot No.10/1 to 10/5 as mentioned in the khatauni annexed as Annexure No.C.A.-1 to the counter affidavit. They further submitted that in 1359 fasli land was recorded in the name of Kashtkar namely Todi etc. a such the allegation of encroachment set up in the P.I.L. at the instance of the petitioner is nothing but to harass the private tenure holders, who are recorded in the revenue records. They further submitted that petitioners have not filed the instant P.I.L. in the Public Interest rather due to election rivalry.

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I have considered the arguments advanced by the counsel for the parties and perused the record.

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Perusal of report dated 21.06.2022 will also be relevant which is as under:

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"ककरकरलरउपजजलकजधककरर - ततलहर – शकहजहकहपपर

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पतसहखरक- 195/एस०टर०/2022 तदनकहक 23.06.2022 जजलकजधककरर

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शकहजहकहपपर

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महहदर,

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ककपरकमक०उचचनरकरकलरइलकहकबकदममरहजजतपर०आई०एल०सह० 1050/2022 रकजरवजस आतदबनकमसट आफरय०पर०वदहअनरमम आदशरनगरपहचकरतखपदकगहजममपपरकनरबकजकरसटदतकणतदशकममएक पकचरनतकलकबजजसककगकटकसह० 10 रकबक 4.01 हट०जमरनजलमगऩ तकलकबकटरपममदजरहह।दहननतकलकबककपटकनककररअततकमणकर तकरकजकरहकथक।

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तददतनदरशनकटअन प कलनममउकपकरणककजकहचतहसरलदकरततलहरकट दकरककरकररगरर।तहसरलदकरततलहरककजकहचआखरकतदनकहतकत 21.06.2022 कटदकरकअवगतकरकरकगरकहहतक-

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1- 1427 – 1432 कट खकतक गकमखदकगप हजबकहगरककवतरमकनखततनरवर सहखरक 15 परगकटकसहखरक 10/1 रकबक 0.271 हट० , खकतकसहखरक 75 पर गकटकसहखरक 10/5 रकबक 0.270 हट० , खकतकसहखरक 76 परगकटकसहखरक 10/3 रकबक 0.402 हट०वखकतकसहखरक 77 ककगकटकसहखरक 10/2 रकबक 0.402 हट०वखकतकसहखरक 78 ककगकटकसहखरक 10/4 रकबक 0.270 हट० अजरमअलरपतजलरककतवअशरबप टगमपपतललपआखकह आतदकट नकम शटणर 1 कसहकमणररभयतमधरदजर ह।ह खकतकसहखरक 80 परगकटकसहखरक 10 तम०रकबक 0.206 हट०तकतहरअलरपपतआतशकअलरकटनकमशटणर 1 कसहकमणररभयतमधरदजरहह।

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2- जहतचकबनदरआककरपत 41 ममगकटकसहखरक 10 रकबक 4.52 एकडकट तवशटरककलमममतकलकबदजरहह।जहतचकबनदरआककरपत 45 कटखकतक सहखरक 118 ककगकटकसहखरक 10 तम०रकबक 4.01 एकड (1.622 हट०) हह। शटणर 2 भयतमजहसररदकरनकटअजधककरममहह, कटअनतगरतटहडरवडहरर पपतगणखटमकरनवभगवकनदकसउफरबकबयपपतरकमसहकरनकबक०आरप 6 वरर सहर०तशमभयचकचकहकककक, तशमभयवदपलकरपपतगणहहररकटनकमदजरहह। खकतकसहखय़क 236 परगकटकसहखरक 10 तम०रकबक 0.51 एकड (0.206 हट०) शटणर 3 भयतमजहआसकतमरनकटअधरकसनअजधककरममहह, कट अनतगरतकटअनतगरतटहडरवडहररपपतगणखटमकरनआतदकटनकमदजरहह अथकरतपयणरकटतफल 4.52 एकड (1.829 हट०) हह।शटणर 2 व 3 कटअनतगरत समकनककशतककरनकटनकमदजरहह।

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3- जहतचकबनदरआककरपत 41 कटअवलहकनसटसपषहहतकगकटक सहखरक 10 चकबनदरपयवरगकटकसहखरक 9 सटबनकहह। 1359 फ०कटखसरट कटअवलहकनकरनटपरपकरकगरकतकगकटकसहखरक 9 ककखसरटकटककलम 5 परटहडरवडहररवहहरर, कहरबदसतयरनकमदजरहहवककलम 8 पर फसलजसघकहडकरकबक 4.01 एकड (1.622 हट०) परदशक र रगईहहवखसरट ककककलम 19 परतलहरक (तकलकब) दजरहह।

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4- गकटकसहखरक 10 ककअजधककहशभकगवतरमकनममतकलकबकटरपममहह। भयतमजलमगरहतरहह।परनतपतद० 25.05.2022 कहशरमतरअशरबटगमकट पततललपआहखकहदकरकगकटकसहखरक 10 पररकततममतमटरडकलकरपटकन पकरमभकरतदरकगरक।जजससटजकनककररहहनटपरततककलपभकवसटरकवक तदरकगरकहह।पटकनकरनटवकलटवरतकरनसटजबजकनककररककगई, तह उनकटदकरकअशरबटगमपतनरललपआखकहआतददकरकलगभग 15 वररपयवर गकटकसहखरक 10 कहपहजरककतबहनकमटमदकरकअजरमअलरसटखररदकबतकरक गरक।इससमबनधसककरसवरप 9 बहनकममककछकरकपततपसतपतककगई, जजससटरहजकतहहतकहहतकजहतचकबनदरआककरपत 45 ममदजर खकतटदकरनरकउनकट वकररसकननदकरकअजरमअलरपपतजलरककतअलर तन०मह०शटखतमटयपककडतकलकबरटलरदकरकगकटकसहखरक 10/1, 10/2, 10/3, 10/4, 10/5 कपलरकबक 1. 615 भयतमवरर 2005 ममकरककगई। अजरमअलरपपतजलरककतअलरतन०मह०शटखतमटयपककडतकलकबरटलरसट

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उसकककपलभयतमकक ½ भकगतदनकहक 09.07.2008 कहशरमतरशकहजहकह बटगमपतनरललनखकहवशरमतरअशरबटगमपतनरललपआखकहतन०मह० गकटकसहखरक 10 तम०रकबक गढरखपदकगहजपहजरककतदकरककरतकरकगरकहह। 0.206 हट०इकबकलवइशशतरककआतदसट तकतहरखकह पपतआतशफखकह दकरक तदनकहक 31.10.2008 कहकरतकरकगरकह।ह

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इसपककरसपषहह तकजजलदबनदहबसतमम शटणर 2 भयतमजहसररदकरनक अजधककरमम हहरकवक 4.01 एकडवशटणर 3 भयतमजहआसकतमरनक अधरकसनरकअजधककरमम हहरकवक 0.51 एकडवतरमकनमम अहतकतगकटक सहखरक 10 कककप लकटतफल 1.829 हट०वतरमकनखततनरवर 1427 – 1432 मम शटणर 1 कसहकमणररभयतमधरकट रपमम दजर हह तथकदज खकतटदकरनदकरकहरतकलकबककपटकनतकरकजकरहकथक , जजसततककलपभकव सट रकवकतदरकगरकह।ह

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रहतकगकमदरपपपरपर०जलकलपपरतहसरलततलहरकट सहबहधमम उलटख करनक ह तक गकटक सह० 398, 434 तम० , 435 तम , 436,437,438,439,440,442,443 तम० , 449, 160 व 173 मम कहई अवहधकबजकनहरह।मतकह ट परसभरतकलकबखकलरह।उकतकलकबककभह यतम परतकसरभरपककरकककहईअततकमणनहरह।ह

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तहसरलदकरततलहरककसपसपषएवहटहतकतजकहचआखरकतदनकहक 21.06.2022 मयलरपसटसहलगऩकरमहहदरककसटवकममअतगमककररवकहर हटतपसकदरपटतरतहह। सहलगऩक- रथहक। Sd

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(रकतशककषणक) उपजजलकजधककरर ततलहर – शकहजहकहपपर"

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Perusal of the report dated 21.6.2022 as quoted above fully demonstrates about the status of the plot as well as the possession over the same.The report also reveals that there is no encroachment at all over the plot which are recorded as pond and contesting respondents along with the others are in possession of the area of plot No.10/1 to 10/5 which is recorded in their names.

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Considering the report dated 21.6.2022 submitted by the revenue team as quoted above as well as annexed along with the counter affidavit of State as Annexure No.C.A.1 coupled with Khatauni annexed alongwith instant P.I.L. with respect to Plot No.10,no interference is required at the

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instance of the petitioners by way of P.I.L. Accordingly, the instant P.I.L. is dismissed.

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Order Date :- 4.10.2023 PS*

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Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad

Rajiv Singh and Another v. State of U P and 11 Others

Case brief

What is this about?

What did the court decide?

Rajiv Singh and Another v. State of U P and 11 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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