Disposed

Ram Kripal Navik Alias Ram Kripal Nishad v. State of U P and 11 Others

Allahabad HC20 Jan 2023WPIL/60/2023

Case brief

AI extract

What is this about?

The single judge disposed of a PIL filed regarding illegal encroachment on Gaon Sabha land. Directing the petitioner to approach the Tehsildar under Section 26 of the U.P. Revenue Code, 2006, within three weeks to seek removal of encroachment.

What did the court decide?

Petitioner permitted to approach Respondent No. 4 (Tehsildar) under Section 26 of U.P. Revenue Code, 2006 within three weeks; to decide the grievance within three months.

Ram Kripal Navik Alias Ram Kripal Nishad Vs State of U… — Property and Title | Allahabad HC (2023)

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Court No. - 51

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 60 of 2023

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Petitioner :- Ram Kripal Navik Alias Ram Kripal Nishad Respondent :- State Of U P And 11 Others Counsel for Petitioner :- Babu Lal Ram,Shiv Nath Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Babu Lal Ram learned counsel for the petitioner, learned Standing Counsel for the State respondents, Sri Bhupendra Kumar Tripathi, learned counsel appearing on behalf of Gaon Sabha and perused the record.

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This writ petition (PIL) has been filed by the petitioner seeking direction for respondents no. 1 to 5 for taking appropriate action against respondents no. 6 to 12 regarding illegal encroachment on the Gaon Sabha land being Gata No. 138 area 0.280 hectares, Gata No. 177 area 0.420 hectares (recorded as Chak Road) and Gata No. 160 area 0.0120 hectares (recorded as drainage) in the revenue record situated in Village and Post Gajendrapur, Tehsil Badlapur, District Jaunpur.

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Learned counsel appearing on behalf of respondent no. 5 submits that the petitioner has remedy under Section 26 of the U.P. Revenue Code, 2006 by moving application before the Tehsildar concerned for removal of illegal encroachment.

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In view of above, the petitioner is permitted to approach respondent no. 4 Tehsildar, Badlapur, District Jaunpur by filing application under Section 26 of the U.P. Revenue Code, 2006 along with certified copy of this order within a period of three weeks.

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In case such an application is filed by the petitioner within the aforesaid period, the respondent no. 4 Tehsildar, Badlapur, District Jaunpur is directed to consider the grievance of the petitioner and decide the application after affording opportunity of hearing to all the effected persons within a further period of three months from the date of filing of application, unless there any legal impediment.

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With the aforesaid observation, the writ petition (PIL) is disposed of.

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Order Date :- 20.1.2023 sailesh

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Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad

Ram Kripal Navik Alias Ram Kripal Nishad v. State of U P and 11 Others

Case brief

What is this about?

What did the court decide?

Ram Kripal Navik Alias Ram Kripal Nishad v. State of U P and 11 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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