Dismissed

Munishwar Prasad Bharti v. State of U.P. and Another

Allahabad HC6 Sept 2023WRIC/26356/2023

Case brief

AI extract

What is this about?

This petition before the Allahabad High Court sought expediting of encroachment proceedings initiated under the U.P. Revenue Code, 2006. The Court observed that proper hearing opportunities were already afforded and matter adjudication pending. It found no cause of action and disposed of the petition accordingly.

What did the court decide?

The petition was disposed of as there was no cause of action for the petitioner to pursue the instant petition.

Munishwar Prasad Bharti Vs State of U.P. and Another — Land Acquisition | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:175475

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Court No. - 52

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Case :- WRIT - C No. - 26356 of 2023

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Petitioner :- Munishwar Prasad Bharti Respondent :- State of U.P. and Another Counsel for Petitioner :- Shivdhesh Kumar Pandey Counsel for Respondent :- C.S.C.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Shivdhesh Kumar Pandey, learned counsel for the petitioner and Sri Hari Mohan Srivastava, learned Additional Chief Standing Counsel.

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In pursuance of the earlier order, learned Additional Chief Standing Counsel came up with the instructions received from the respondent no.2 which are taken on record.

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By bare perusal of the instructions, it is apparent from the appended records that the proceedings under Section 67 of U.P. Revenue Code, 2006 has already been initiated against the alleged encroachers as mentioned in the writ petition, wherein proper opportunity of hearing has already been afforded in shape of inviting objection from the persons against whom notices were issued under Section 67 (1) of U.P. Revenue Code, 2006 and the some of the alleged encroachers have already submitted their replies and the same is pending to be adjudicated finally by respondent no.2.

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The present petition has been instituted for expediting the proceedings initiated by the respondent no.2 under Section 67 of U.P. Revenue Code, 2006, in light of the instructions received, the mandatory procedure mentioned under Section 67 of U.P. Revenue Code, 2006 has to be adopted by respondent no.2 while adjudication of the same.

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With the best of hope, the proceedings as initiated against the alleged encroachers, may be expedited as early as possible after affording due opportunity of hearing to the concerned.

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In view of the aforesaid facts and circumstances, there is hardly any cause of action arises in favour of the petitioner to pursue the instant petition and as such, the same is hereby disposed of accordingly.

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Order Date :- 6.9.2023 Vivek Kr.

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

Munishwar Prasad Bharti v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Munishwar Prasad Bharti v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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