Disposed

Ram Lakhan v. State of U.P. and 3 Others

Allahabad HC18 Jul 2023WRIC/21854/2023

Case brief

AI extract

What is this about?

This writ petition questioned an order under Section 67 of the U.P. Revenue Code, 2006, that was also pending in an appeal before the Collector. The Court directed the Collector to decide the pending interim relief application within two weeks or on the next fixed date and stayed coercive actions against the petitioner during this period.

What did the court decide?

Directing the Collector to consider the pending application for interim relief on the next date of hearing and restraining respondents from taking any coercive action against the petitioner till the d

Ram Lakhan Vs State of U.P. and 3 Others — Land Acquisition | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:142874

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Court No. - 37

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Case :- WRIT - C No. - 21854 of 2023

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Petitioner :- Ram Lakhan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pushpendra Kumar Mishra,Bateshwar Nath Dubey Counsel for Respondent :- C.S.C.,Achal Singh

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Hon'ble Ashutosh Srivastava,J.

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Heard Sri P. K. Mishra, learned counsel for the petitioner, learned Standing Counsel for the State-Respondents and Sri Achal Singh, learned counsel for the Respondent No.4.

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The present Writ (PIL) has been filed questioning the order dated 12.06.2023 passed by the Respondent No.3, Assistant Collector/Tehsildar, Tehsil Karvi, District Chitrakoot, in Case No.T202307190100045 (Gaon Sabha Bhanga Vs. Ram Lakhan), in proceedings under Section 67 of the U.P. Revenue Code, 2006. He submits that the said order has already been assailed in the Appeal before the Respondent No.2, Collector, District Chitrakoot under Section 67(5) of the U.P. Revenue Code, 2006. He submits that the Appeal has been admitted though no orders on interim relief application has been passed. He submits that though the Appeal has been entertained by the Respondent No.2 yet the revenue authorities are harassing the petitioner and are insisting to demolish the house of the petitioner and dispossess him consequent to the order dated 12.06.2023 passed in the proceedings under Section 67(1) of the U.P. Revenue Code, 2006. It is contended that some directions be issued to the Respondent No.2 to pass orders on the pending application for interim relief and meanwhile some protection be granted by this Court.

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Admittedly, the order dated 12.06.2023 assailed in this writ petition has also been assailed in the Appeal, which is stated to be pending before the Respondent No.2. An application has been moved seeking interim relief, which is stated to be pending and no orders have been passed thereon.

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The Court is of the opinion that ends of justice would be served by directing the Respondent No.2, seized with the Appeal of the petitioner to consider and pass orders on the pending application for interim relief. Further, the Court is of the opinion that the operation of the orders impugned in the

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Appeal ought to have been stayed keeping in view the dictum of the Apex Court in the case of Mool Chand Yadav Vs. Another Vs. Raza Buland Sugar Company reported in 1982(3) SCC 484.

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In such view of the matter, the present writ petition is disposed of requiring the Respondent No.2, Collector, District Chitrakoot, to consider and pass appropriate orders on the pending application for interim relief on the next date fixed positively.

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Till the decision on the application of the petitioner for interim relief or for a period of two weeks from today which ever is earlier, the respondents are restrained from taking any coercive action against the petitioner.

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It is further directed that the Respondent No.2 shall make all endeavour to decide the Appeal itself within a further period of three months.

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Order Date :- 18.7.2023 pks

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

Ram Lakhan v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ram Lakhan v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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