Disposed

Umesh Chaubey v. State of U.P. and 8 Others

Allahabad HC22 Aug 2023WPIL/1719/2023

Case brief

AI extract

What is this about?

In this PIL, the petitioner sought directions for evicting respondents from encroached public utility land and for deciding a pending application. The court noted that proceedings under the Revenue Code had already initiated, redressing the grievance, and disposed of the petition.

What did the court decide?

None granted; petition disposed of with findings that grievance was redressed by Section 67 proceedings.

Umesh Chaubey Vs State of U.P. and 8 Others — Landlord and Tenant | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:169464

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Court No. - 52

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1719 of 2023

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Petitioner :- Umesh Chaubey Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Rajesh Kumar Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Rajesh Kumar, learned counsel for petitioner and learned Standing counsel for State respondents.

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Present petition has been filed seeking following reliefs:

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"a) Issue writ order or direction in the nature of mandamus directing the respondent authorities to make eviction of respondent no. 6 to 9 over the Arazi no. 1047M area 2.5090 hectare recorded as Jangal in the Revenue record situated at village-Gauri Chaubey ka Pura, Pargana-Atraoliya, TehsilBudhanpur, District-Azamgarh, the land is a Public Utility Land of the village reserve for the public purpose, within stipulated period.

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b) Issue a writ order or direction in the nature of mandamus commanding the respondent authorities to decide the application dated 24.04.2023 submitted by the petitioner which is pending before the respondents authorities and directing the respondents to take a proper and necessary action against the encroachers (respondents no. 6 to 9)."

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Today when the matter has been taken up, learned Standing counsel came up with the specific instructions which is taken on record through which it has been transpired that the proceedings under Section 67 of the U.P. Revenue Code, 2006 has already been initiated against the encroachers over the plot no. 1047M which is recorded as Jangal in the revenue records.

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The grievance of the petitioner has already been redressed in pursuance to the prayer made in the instant petition and as such no

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cause of action further survives for petitioner to pursue the instant P.I.L.

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In view of the aforementioned facts and circumstances and after bare perusal of instructions received, it is apparent that no cause of action further survives for petitioner to pursue the instant P.I.L. and the same stands disposed of .

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Order Date :- 22.8.2023

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Shaswat

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

Umesh Chaubey v. State of U.P. and 8 Others

Case brief

What is this about?

What did the court decide?

Umesh Chaubey v. State of U.P. and 8 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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