Disposed

Shivpal and 3 Others v. State of U.P. and 9 Others

Allahabad HC17 May 2023WPIL/1172/2023

Case brief

AI extract

What is this about?

This PIL petition prayed for a direction to remove encroachments over specific land. The Court issued interim directions to the Assistant Collector to register proceedings under Section 67 of the U.P. Revenue Code, 2006, provide hearing opportunities, and dispose of the matter within six months, while clarifying that the court did not adjudicate the merits.

What did the court decide?

Directions issued to the Assistant Collector to register proceedings under Section 67 of U.P. Revenue Code, 2006, and dispose within six months.

Shivpal and 3 Others Vs State of U.P. and 9 Others — Land Acquisition | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:107473

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Court No. - 52

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1172 of 2023

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Petitioner :- Shivpal And 3 Others Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Om Prakash Singh Counsel for Respondent :- C.S.C.,Azad Rai

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Hon'ble Kshitij Shailendra,J.

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1.Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Sri Azad Rai, learned counsel for the respondent-Gaon Sabha.

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The petitioner has filed this petition in the nature of public interest litigation praying for a direction upon the Staterespondents to remove alleged encroachments allegedly made by the private respondents over land covered by Gata No.1220 area 0.1000 verg meter situated in Village Subedar Ka Purwa Majare Dharampur Sato Post Teekar Block Hasawa Tehsil Sadar District Fatehpur which is recorded as "Harijan Abadi ".

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It would serve no purpose to keep the writ petition pending and, therefore, it is directed that the petitioners may submit an application/representation before the Assistant Collector concerned bringing the relevant facts regarding encroachment over the aforesaid plots to the notice of the concerned Assistant Collector, who, if no proceedings under Section 67 of U.P. Revenue Code, 2006 have already been registered in relation to the encroachment over the aforesaid plots, on receiving said representation, shall enquire into the allegation made by the petitioner, after registering the proceedings.

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The Assistant Collector concerned shall ensure that the alleged encroachers are arrayed as parties to the representation with specific details.

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The Assistant Collector concerned shall follow the procedure prescribed under Section 67 of the Code as well as Rules 66 and 67 of the U.P. Revenue Code Rules, 2016 and pass appropriate orders within a period of six months when the aforesaid representation is filed by the petitioners.

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In the entire proceedings, full opportunity of hearing shall be provided to the concerned alleged encroachers and the matter shall be dealt with strictly in consonance with the ratio laid down by this Court in Rishipal Singh Vs. State of U.P. and others: 2023 (1) AWC 4 and in Leellu Vs. State of U.P. and others: 2023 (3) ADJ 97.

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It is clarified that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present PIL petition.

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With the aforesaid directions, the petition in the nature of public interest litigation is disposed off.

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Order Date :- 17.5.2023 Jyotsana

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Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad

Shivpal and 3 Others v. State of U.P. and 9 Others

Case brief

What is this about?

What did the court decide?

Shivpal and 3 Others v. State of U.P. and 9 Others

Case brief

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What did the court decide?

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