Partly allowed

Bechu v. State of U.P. and 2 Others

Allahabad HC22 Aug 2023WRIC/20984/2023

Case brief

AI extract

What is this about?

This single judge disposed of a writ petition seeking quashing of a recovery certificate and eviction order under U.P. Revenue Code. The court directed the respondent authority to consider the pending stay and recall applications within one month after hearing, rather than adjudicating merits.

What did the court decide?

Respondent directed to consider and decide stay and recall applications along with recall application as expeditiously as possible, preferably within one month, after affording proper opportunity of h

Bechu Vs State of U.P. and 2 Others — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:168864

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Court No. - 52

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Case :- WRIT - C No. - 20984 of 2023

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Petitioner :- Bechu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vivek Kumar Mishra Counsel for Respondent :- C.S.C.

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Hon'ble Saurabh Srivastava,J.

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Supplementary affidavit filed today by learned counsel for the petitioner is taken on record.

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Heard Sri Vivek Kumar Mishra, learned counsel for petitioner and learned Standing Counsel for the State-respondents no.1 and 2.

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Present writ petition has been filed seeking a direction in the nature of certiorari to quash the recovery certificate dated 15.02.2023 as well as impugned order dated 08.09.2022 passed by respondent no.2 in Case No.05276 of 2020, Computerized Case No.T202005440305276 (Gaon Sabha Vs. Bechu), under Section 67 of U.P. Revenue Code and further a direction be issued in the nature of mandamus commanding the respondents not to interfere in the peaceful possession of the petitioner over the property in dispute.

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It is the case of the petitioner that on the basis of report of Lekhpal that plot no.801, area 0.016 which is recorded in the revenue record as Banjar and the same has been encroached by the petitioner, a case has been registered under Section 67 of U.P. Revenue Code, 2006 wherein petitioner filed his objection. The respondent no.2 vide impugned order dated 08.09.2022, dismissed the objection filed by the petitioner and evicted him from the property in dispute and also imposed penalty upon the petitioner. On 15.02.2023, respondent no.2 issued recovery certificate against the petitioner. Thereafter, the petitioner preferred recall application before respondent no.2 on 25.02.2023 for seeking recall of the order dated 08.09.2022 which is still pending and the petitioner has also preferred stay application before the respondent no.2 which is also pending.

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Be that as it may, without entering into the merits of the case as well as if there is no other legal impediment available, the

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respondent no.2 is hereby directed to consider and decide stay application along with recall application preferred by the petitioner in Case No.05276 of 2020, Computerized Case No.T202005440305276 (Gaon Sabha Vs. Bechu), under Section 67 of U.P. Revenue Code, as expeditiously as possible, preferably within a period of one month from the date a certified copy of this order is produced before him after affording proper opportunity of hearing to all the concerned parties.

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With the aforesaid directions, the writ petition is disposed of .

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Order Date :- 22.8.2023 Vivek Kr.

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

Bechu v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Bechu v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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