Disposed

Anand Singh @ Babu Singh v. State of U.P. and 4 Others

Allahabad HC27 Jul 2023WRIC/20830/2023

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What is this about?

In a writ petition regarding property possession, the High Court did not grant immediate relief but remanded the matter to the District Magistrate of Fatehpur, directing a final call after hearing all stakeholders in light of earlier Government Orders.

What did the court decide?

Writ petition disposed asking the District Magistrate, Fatehpur to take a final call expeditiously after providing audience to all stake holders.

Anand Singh @ Babu Singh Vs State of U.P. and 4 Others — Property and Title | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:150956-DB

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Court No. - 40

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Case :- WRIT - C No. - 20830 of 2023

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Petitioner :- Anand Singh @ Babu Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Jitendra Singh 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, Shri S.C. Upadhyay, learned Standing Counsel for the State respondents.

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Present writ petition is preferred by the petitioner seeking a direction commanding the police authorities not to help the respondent Nos.3 to 5 (private respondents) in taking over forcible possession of the property of petitioner, as it is alleged that there is collusion between private respondents and local administration.

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Learned counsel for the petitioner submits that the private respondents are harassing and humiliating the petitioner and his family members. The petitioners have falsely been implicated in a criminal case at the behest of Ex-MLA, who is supporting the private respondents. He has placed reliance on the order dated 14.12.2022 passed in Writ C No.36384/2022 (Gyanendra Kumar Singh vs. State of U.P. and others), wherein, the Court had observed that "the Chief Secretary, State of U.P. should issue a further direction to all his officials not to interfere in personal disputes of private individuals, specially where Civil Suits etc are pending." It is apprised that in response to the order dated 14.12.2022, the State Government had already issued a Government Order dated 31.01.2023 bearing No . मम०स० -69/एक-9-2022-रर-9. In this backdrop, precise case has been set up that in the light of observation made by the Division Bench of this Court, which has been acted upon through Government Order dated 31.01.2023, the District Magistrate, Fatehpur may be asked to reprieve the petitioner.

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Considering the facts and circumstances, even though the detailed instructions is being placed but as it is indicated from the record that there is serious dispute between the parties, wherein, some proceedings are also engaging attention of the competent civil court, we dispose of the writ petition asking the District

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Magistrate, Fatehpur to take a final call in the matter in the light of Government Order dated 31.01.2023 expeditiously but certainly after providing audience to all the stake holders.

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Order Date :- 27.7.2023 A. Pandey

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Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad

Anand Singh @ Babu Singh v. State of U.P. and 4 Others

Case brief

What is this about?

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Anand Singh @ Babu Singh v. State of U.P. and 4 Others

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