Disposed

Baburam v. State of U.P. and 4 Others

Allahabad HC24 May 2023WRIC/15238/2023

Case brief

AI extract

What is this about?

This petition sought mandamus for action on a pending complaint and removal of illegal encroachments on the petitioner's land. The Court, without expressing an opinion on merits, disposed of the matter by directing the petitioner to file an application under Section 134 of the U.P. Revenue Code, 2006 within three weeks.

What did the court decide?

Liberty granted to petitioner to file application under Section 134 of U.P. Revenue Code, 2006 within three weeks; respondent to decide within three months.

Baburam Vs State of U.P. and 4 Others — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:115576-DB

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Court No. - 3

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Case :- WRIT - C No. - 15238 of 2023

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Petitioner :- Baburam Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Gaurav Sisodia Counsel for Respondent :- C.S.C

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Hon'ble Surya Prakash Kesarwani,J. Hon'ble Anish Kumar Gupta,J.

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Heard learned counsel for the petitioner and the learned Standing Counsel for the State-respondent.

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This writ petition has been filed by the petitioner praying for the following reliefs:

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"(i) Issue a writ order or direction in the nature of mandamus commanding the respondent no.2 to take immediate action on the complaint no.30078922000699 of the petitioner filed by him in Sampurna Samadhan Divas, which is pending before respondent no.2 since 16.07.2022.

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(ii) A writ order or direction in the nature of mandamus directing the respondents to remove the illegal tents of the Kalabaj (Nat) from the land of the petitioner being gata No.629 area 0.0.1230 hectare situated at village- Sitarganj, Tehsil-faridpur, District Bareilly ."

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In pursuance of the order of this Court dated 17.05.2023, learned Standing Counsel obtained instruction from the District Magistrate, Bareilly dated 23.05.2023.

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In paragraph No.4 of the instruction, it has been stated that efforts were made by the Administration to vacate the aforesaid bhumidhari land of the petitioner but it could not be vacated. Therefore, it has further been stated that if the petitioner files an application, under section 134 of the U.P. Revenue Code, 2006, then an appropriate order shall be passed by the respondent No.3.

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In view of the statement made by the learned Standing Counsel on instruction of respondent Nos.2 and 3 and without expressing any opinion on merits of the case of the petitioner, we dispose of this writ petition giving liberty to the petitioner to submit an appropriate application, under Section 134 of the U.P. Revenue Code, 2006 before respondent No.3, within three weeks from today along with a certified copy of this order. In the event such an application is submitted within the stipulated

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period, it shall be considered and decided by the respondent No.3 in accordance with law within next three months, after affording reasonable opportunity of hearing to the petitioner and other concerned parties, if any.

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Order Date :- 24.5.2023 SFH

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Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad

Baburam v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Baburam v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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