Disposed

Sant Lal Yadav v. State of U.P. and 3 Others

Allahabad HC14 Mar 2023WRIC/4212/2020

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging the dropping of Section 67 proceedings under the U.P. Revenue Code, 2006. Although the limitation for filing an appeal had expired, the Court permitted the petitioner to file an appeal within one month without objecting to delay.

What did the court decide?

Petitioner permitted to file an appeal under Section 67(5) of U.P. Revenue Code, 2006 within one month; appellate court directed not to object to delay.

Sant Lal Yadav Vs State of U.P. and 3 Others — Landlord and Tenant | Allahabad HC (2023)

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Court No. - 52

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Case :- WRIT - C No. - 4212 of 2020

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Petitioner :- Sant Lal Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Yadav Counsel for Respondent :- C.S.C.,Ram Naresh Shukla,Ram Pratap Yadav,Santosh Kukmar Tiwari

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Hon'ble Kshitij Shailendra,J.

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Heard Shri Mahendra Kumar Yadav, learned counsel for the petitioner and Shri R.P. Yadav, learned counsel representing the contesting respondent nos.5 & 6.

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This petition has been filed challenging the order dated 26.11.2019 passed in purported exercise of powers under Section 67 of U.P. Revenue Code, 2006.

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Learned counsel for the petitioner submits that there is encroachment over plot nos.751 and 786 which, allegedly, are recorded as Chak Marg.

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Learned counsel for the respondents submits that pursuant to an order dated 27.8.2018 passed by this Court in Public Interest Litigation (PIL) No. 47642 of 2017, proceedings under Section 67 of U.P. Revenue Code, 2006 were registered against the respondent nos. 5 & 6 and vide order impugned dated 26.11.2019, the proceedings were dropped and the notice 49-C was withdrawn.

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Learned counsel for the respondents submits that there is a statutory provision of filing appeal under Section 67(5) of U.P. Revenue Code, 2006 and without availing the statutory alternative remedy, this petition has been directly filed, which should not be entertained.

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Confronted with the said position, learned counsel for the petitioner states that limitation for filing appeal under Section 67(5) of U.P. Revenue Code, 2006 is only 30 days and, even otherwise, since counter affidavit and rejoinder affidavit have been exchanged between the parties, relegation to avail alternative remedy may not be an appropriate course.

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Having heard learned counsel for the parties, this Court finds that since the proceedings under Section 67 of U.P. Revenue Code,

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2006 have been dropped under the order impugned by recording findings based on record, there is no good ground to bypass the statutory alternative remedy for filing an appeal. However, since the limitation for filing appeal has expired and this writ petition has remained pending for more than 2 years, this petition is disposed of with the following observations:-

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A. The petitioner is permitted to avail statutory remedy of filing appeal before the appellate court under Section 67(5) of U.P. Revenue Code, 2006;

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B. In case the appeal is filed within a period of one month from today, the same shall be considered and decided on merits after giving full opportunity for hearing to the contesting respondent nos. 5 & 6.

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C. The appellate court shall not raise any objection with regard to delay in filing the appeal, which is condoned by this Court while disposing the present writ petition.

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Order Date :- 14.3.2023 P.S.Parihar

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

Sant Lal Yadav v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Sant Lal Yadav 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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