Disposed

Ghure Lal Sonkar v. State of U.P. and 6 Others

Allahabad HC19 May 2023WRIC/14199/2023

Case brief

AI extract

What is this about?

In a writ petition regarding non-delivery of possession despite recording name in revenue records, the Allahabad High Court directed the petitioner to file an application under Section 460 of U.P. Revenue Court Manual for order implementation, referencing recent precedents. The court mandated completion within four months after hearing affected persons.

What did the court decide?

Direction to consider application for implementation of revenue order under Section 460 of U.P. Revenue Court Manual within four months.

Ghure Lal Sonkar Vs State of U.P. and 6 Others — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:109690

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Court No. - 52

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Case :- WRIT - C No. - 14199 of 2023

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Petitioner :- Ghure Lal Sonkar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ramesh Kumar Singh,Krishna Prakash Counsel for Respondent :- CSC

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Hon'ble Kshitij Shailendra,J.

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Heard learned counsel for the parties.

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The contention of the learned counsel for the petitioner is that at the strength of sale deed executed by Dharma Devi, name of the transferer was directed to be expunged on 09.12.2013 with a further direction that the name of the petitioner be recorded in the revenue records. It is further contended that all the proceedings arising out of the said order have culminated in favour of the petitioner, however, although the name of the petitioner has been recorded in the revenue records but actual and physical possession has not been delivered to the petitioner and heirs of Dharma Devi are creating obstruction in the same.

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Learned Standing Counsel submits that remedy for implementation of the orders passed under the U.P. Revenue Code, 2006 is provided under section 460 of U.P. Revenue Court Manual and, therefore, the petitioner may submit an application before the court concerned under the said provision for implementation of the said order.

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In support of their submission, learned counsel for the respondents have relied upon the following orders of this Court:

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(i) Public Interest Litigation (PIL) No. 1580 of 2021 (Babu Ram vs State of U.P. and 5 others), dated 28.09.2021.

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(ii) Public Interest Litigation (PIL) No. 2031 of 2021 (Nathu vs State of U.P. and 5 others), dated 18.11.2021.

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(iii) Public Interest Litigation (PIL) No. 1195 of 2022 ( Mahendra Singh vs State of U.P. and 7 others), dated 25.07.2022.

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(iv)Public Interest Litigation (PIL) No. 1695 of 2022 (Arvind Kumar vs State of U.P. and 3 others), dated 07.09.2022.

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(v) Writ C No. 25701 of 2022 (Salim vs State of U.P. and 3 others), dated 09.09.2022.

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Having heard the learned counsel for the parties, this writ petition is being disposed of with the following directions:

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(a) The petitioner may file an application under section 460 of U.P. Revenue Court Manual before the court concerned, who passed the order under the U.P. Revenue Code, 2006.

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(b) In case, the orders relied upon by the petitioner have not been set aside/stayed/modified/recalled in any proceedings and has become final, the court concerned shall proceed to consider the application of the petitioner for implementation of the order.

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(d) The entire exercise shall be completed within a period of four months from the date a certified copy of this order is produced before the court concerned.

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Order Date :- 19.5.2023 AKShukla/-

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Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad

Ghure Lal Sonkar v. State of U.P. and 6 Others

Case brief

What is this about?

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Ghure Lal Sonkar v. State of U.P. and 6 Others

Case brief

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