Disposed

Raj Narayan v. State of U.P. and 6 Others

Allahabad HC27 Feb 2023WRIC/31149/2022

Case brief

AI extract

What is this about?

In a writ petition filed to restrain encroachment on petitioner's land pending a revenue case, the Allahabad High Court directed the Sub-Divisional Officer to consider the pending Section 24 application under U.P. Revenue Code, 2006, expeditiously within three months of service of the order, after hearing parties.

What did the court decide?

Direction to respondent to consider pending Section 24 application under U.P. Revenue Code, 2006, expeditiously, within three months of receiving this order after hearing parties.

Raj Narayan Vs State of U.P. and 6 Others — Land Acquisition | Allahabad HC (2023)

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Court No. - 7

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Case :- WRIT - C No. - 31149 of 2022

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Petitioner :- Raj Narayan Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ashwarya Singh,Kamla Singh Counsel for Respondent :- C.S.C.,Hari Narayan Singh

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Hon'ble Chandra Kumar Rai,J.

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Counsel for the petitioner is permitted to implead Sub-Divisional Officer, Tehsil-Akbarpur, District-Kanpur Dehat as respondent No.8 in the array of the parties during the course of the day.

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Heard Smt.Kamla Singh, Counsel for the petitioner, learned Standing Counsel for State-respondents and Mr. Hari Narayan Singh, Counsel for Land Management Committee.

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The instant writ petition has been filed for the following relief:

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"(i) Issue a writ order of direction in the nature of mandamus for directing the respondent No.1 i.e. Sub Divisional Officer, Tehsil-Akbarpur, District-Kanpur Dehat, to restrain the respondent Nos.2 to 6 not to encroach the bhoomidhari land of the petitioner bearing Gata No.294 Area 5.0270 Hectare on the garb of Parikrama Marg, till the decision of the Case No.2366 of 2022 (Computerize Case No.T24/20203400402366) Rajnarayan Vs. Peetam and others, pending before the Sub-DivisionalOfficer, Tehsil-Akbarpur, District-Kanpur Dehat, which was filed by the petitioner on the direction of this Hon'ble Court vide order dated 22.10.2021."

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Counsel for the petitioner submitted that application under Section 24 of the U.P. Revenue Code, 2006 filed by the petitioner is pending before the respondent No.8. She further submitted that copy of the application has been annexed as Annexure No.7 to the writ petition.

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Considering the facts and circumstances of the case, without

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expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to respondent No.8/ Sub Divisional Officer, Tehsil, Akbarpur, District- Kanpur Dehat to consider and decide the aforementioned case in accordance with law expeditiously and preferably within a period of three months from the date of production of certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties.

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Order Date :- 27.2.2023

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PS*

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Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad

Raj Narayan v. State of U.P. and 6 Others

Case brief

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Raj Narayan v. State of U.P. and 6 Others

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