Disposed

Chandrahas Ramdayal v. State of U.P. and 3 Others

Allahabad HC21 Sept 2023WRIC/24557/2023

Case brief

AI extract

What is this about?

This High Court disposed of a writ petition seeking directions to the Special Tahsildar Judicial to decide pending Section 67 revenue proceedings and ensure temporary water passage. The Court directed the officer to proceed and decide the matter within three months. The opposing Bar Association resolution on judicial work was noted.

What did the court decide?

Directed the Special Tahsildar Judicial to decide the Section 67 proceeding within three months and to ensure temporary water passage arrangements.

Chandrahas Ramdayal Vs State of U.P. and 3 Others — Property and Title | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:183151

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Court No. - 52

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Case :- WRIT - C No. - 24557 of 2023

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Petitioner :- Chandrahas Ramdayal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kalyan Sundram Srivastava,Som Sundaram Shriwastav Counsel for Respondent :- C.S.C.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Kalyan Sundram Srivastava, learned counsel for petitioner and Sri Vinod Kumar Rai, learned Standing counsel for State respondents.

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Present petition has been filed seeking following reliefs:

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"i) Issue a writ order or direction in the nature of mandamus directing the respondent no. 3 i.e. Tehsildar Judicial, Tahsil Kerakat, District Jaunpur, to decide the case no. RST/02050/2019 (Lekhapal Report Vs. Patiram) U/s 67 U.P. Revenue Code-2006, very expeditiously without unreasonable delay within the stipulated period of time as fix by this Hon'ble Court.

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ii) Issue a writ order or direction in the nature of mandamus directing the respondent no. 3 i.e. Tahsildar Judicial, Tahsil Kerakat, District Jaunpur, ensure the temporary arrangement of water passing of stored water from the house of the petitioner, so that his house may not be collapsed."

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It is the case of the petitioner that proceeding under Section 67 of U.P. Revenue Code, 2006 has already been initiated against respondent no. 4 which has been culminated into order dated 19.02.2021 through which the respondent no. 4 was directed to be evicted from the plot no. 297 measuring area 0.012 hectare situated at village Madar, Tehsil Kerakat, District Jaunpur and the same has been challenged under Section 67(5) of U.P. Revenue Code, 2006 whereupon the matter has been remitted back to the respondent no. 3 for deciding afresh after affording due opportunity to all concerned, on day to day basis vide order dated 22.12.2021. Although the petitioner is having no locus to pursue the proceedings initiated under Section 67 of U.P. Revenue Code, 2006, since it is the proceeding only between the person who has been alleged as encroacher and the State but certain portion of the properties adjoining to the plot no. 297 pertains to petitioner as such the encroachment whatsoever has been carried out by

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respondent no. 4 is adversely affecting the rights of the petitioner.

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On previous occasion, the instructions have been called that under which circumstances, the matter which has been directed by the respondent no. 2 is kept pending for so long whereas the day to day hearing has already been directed to the respondent no. 3 over the proceedings initiated against respondent no. 4 under Section 67 of the U.P. Revenue Code, 2006.

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Learned Standing counsel came up with the specific instructions that on several occasion there is a resolution passed by concerned Bar Association from abstainment of judicial work which does not permit the respondent no. 3 to proceed in the matter as per the direction issued by respondent no. 2.

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In view of the aforementioned facts and circumstances, respondent no. 3 (Tahsildar Judicial, Tahsil Kerakat, District Jaunpur) is hereby directed to proceed with the matter which has been directed by respondent no. 2 in pursuance to Case no. 02050 of 2019 (Computer Case no. T201914360502050) to permit respondent no. 4 for pursuing his matter in person and decide the same within three months from the date of production of certified copy of this order before him.

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Writ petition stands disposed of accordingly.

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Order Date :- 21.9.2023 Shaswat

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

Chandrahas Ramdayal v. State of U.P. and 3 Others

Case brief

What is this about?

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Chandrahas Ramdayal v. State of U.P. and 3 Others

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