The High Court disposed of the PIL directing the Tehsildar to decide the pending restoration application filed by an encroachment respondent within two months, without expressing opinion on merits.
Direction to Respondent No. 4/Tehsildar to decide the pending restoration application within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:230211
Court No. - 51
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2600 of 2023
Petitioner :- Arun Kumar Chand Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Nar Singh,Poonam Singh Sengar Counsel for Respondent :- C.S.C.
Hon'ble Chandra Kumar Rai,J.
1.Mr. Abhinav Ojha has placed the instruction dated 0711.2023 before the Court, which is taken on record.
3.The instant writ petition has been filed for the following relief:
"(I) issue a writ, order or direction in the nature of mandamus commanding/ directing the respondent No.2 to remove the encroachment/ house which was illegally constructed by the respondent No.5 and 6 over the Arazi/ Gata No.196 measuring area 0.016 hectare which was recorded as Pond in Revenue Record."
encroachment is to be removed in pursuance of the order dated 09.09.2022.
Order Date :- 5.12.2023 PS*
Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the pending restoration application decided by the Tehsildar before any removal proceedings can be expedited.
Arun Kumar Chand
State Of U.P.
5 Others
Chandra Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
