Disposed

Ranbir Singh v. State of U.P. and 5 Others

Allahabad HC27 Jul 2023WRIC/13535/2023

Case brief

AI extract

What is this about?

Writ petition filed seeking direction to remove encroachment on a public pathway. Court noted pending prosecution under Section 133 Cr.P.C. by state authorities. Directs state to finalise proceedings within three months after quashing of main order pending disposal of related criminal case. Petition disposed.

What did the court decide?

Proceedings to be finalised logically within three months from the date of quashing of the order currently pending before the Additional City Magistrate.

Ranbir Singh Vs State of U.P. and 5 Others — Public Procurement and Tenders | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:150484-DB

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Court No. - 40

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Case :- WRIT - C No. - 13535 of 2023 Petitioner :- Ranbir Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Mohit Kumar Singh,Sujata Choudhary Counsel for Respondent :- C.S.C.

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

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Heard learned counsel for the petitioner and Sri Sharad Chandra Upadhyay, learned Standing Counsel for the State respondents.

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By means of present writ petition the petitioner has prayed for direction to the respondent authorities to comply with the order dated 13.09.2022 and 01.11.2022 passed by A.C.M.IInd, Meerut on his application.

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The matter was taken up on 24.7.2023 and on the said date the Court had proceeded to pass following order:-

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"1. On the matter being taken up on 1.5.2023, the Court has proceeded to pass the following order:-

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"Learned Standing Counsel to seek instructions, as to whether, order dated 1 November 2022, passed by the fourth respondent-Additional City Magistrate - II, Meerut, directing to remove the encroachment from the public pathway, has been complied or not.

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In the event, it has not been complied the same shall be carried out and affidavit of compliance to be filed on the next date.

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Put up this case on 22 May 2023, as fresh."

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Thereafter, the matter was taken up on 11.7.2023 and the Court has proceeded to pass the following order:-

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"On the request of Shri S.C. Upadhyay, learned Standing Counsel, the case is passed over as it is apprised that the instructions are still awaited in the matter.

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Put up as fresh on 24.07.2023. Needless to say that the order dated 01.05.2023 shall be complied with on the next date fixed in the matter."

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Inspite of twice the indulgence being accorded, the State respondents have not provided the instructions.

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Let respondent no.4-Addl. Citity Magistrate IInd (Civil Lines) Meerut, be present along with the instructions before this Court on the next date.

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Put up this matter as fresh on 27.7.2023.

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Let a copy of this order be provided to Shri Sharad Chandra Upadhyay, learned Standing Counsel for necessary compliance."

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In response of the aforesaid order, Sri Sharad Chandra Upadhyay, learned Standing Counsel has placed detailed instructions indicating therein that there is an encroachment over the pathway and proceeding under Section 133 Cr.P.C. registered as Case No.14/2023 (State vs. Ganga Prasad, Police Station Nauchandi, Meerut) is going on and the next date is fixed on 31.07.2023. The instruction is taken on record.

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Once the matter is ceased before the Additional City Magistrate, Meerut then we are not inclined to proceed further in the matter.

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Needless to say that the proceeding must be finalised to its logical end within a period of three months from the receipt of certified copy of the order.

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With the aforesaid observations/directions, the present writ petition is disposed of.

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Personal presence of Sri Mahesh Prasad Dixit, Additional City Magistrate, Meerut is dispensed with.

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Order Date :- 27.7.2023 RKP

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Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad

Ranbir Singh v. State of U.P. and 5 Others

Case brief

What is this about?

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Ranbir Singh v. State of U.P. and 5 Others

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