Disposed

Tribhwan Tiwari v. State of U.P. and 3 Others

Allahabad HC21 Feb 2023WRIC/5995/2023

Case brief

AI extract

What is this about?

A writ petition seeking removal of encroachment over a public road was disposed of as factual dispute existed. The court directed the Sub-Divisional Magistrate to conduct spot inspection and measurements and issue appropriate directions after hearing parties within two months.

What did the court decide?

Directed Sub-Divisional Magistrate to consider grievances, conduct spot inspection and measurements, and issue appropriate directions with opportunity of hearing within two months.

Tribhwan Tiwari Vs State of U.P. and… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Court No. - 43

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Case :- WRIT - C No. - 5995 of 2023

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Petitioner :- Tribhwan Tiwari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- D.M.Tripathi,R.K. Mishra Counsel for Respondent :- CSC,Rajesh Kumar Pathak,Vinay Kumar Pathak

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Hon'ble Kshitij Shailendra,J.

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Heard Sri D.M. Tripathi, learned counsel for the petitioner and Sri Vinay Kumar Pathak, learned counsel representing the respondent no.4, who has lodged caveat.

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The prayer in this writ petition is for issuance of a direction to the respondent/State-Authorities to remove illegal encroachment over the public road and drainage situate near Primary Pathshala Neerupur, P.S. Haldi, District Ballia.

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At the very outset, learned counsel representing respondent no.4 has produced for perusal of the Court, a report of the revenue Authorities, a perusal whereof, reveals that the petitioner and the respondent no.4 are co-sharers of Araji No. 98 at the strength of respective sale-deeds and when there was a dispute with regard to extent of their holdings, certain measurements were carried out on the spot and attempts to get the dispute amicably settled were also made by the Authorities and it was also observed that in case the parties are aggrieved, they may approach the Civil Court.

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On the other hand, learned counsel for the petitioner submits that the aforesaid proceedings are of September, 2022, whereafter certain applications were moved before the Sub-Divisional Officer as well as Tehsildar (Sadar). The grievance has been attended by the Tehsildar concerned and a direction has been issued regarding spot inspection to be carried out on 15.12.2022.

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From the record, it appears that there is a dispute regarding obstruction in flow of water and blockage of public road.

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Be that as it may, since the dispute raised by means of present petition is factual in nature, no clear direction can be issued regarding removal of alleged encroachment etc. However, at the same time, since the Sub-Divisional Officer is seized up with the matter and certain proceedings of measurements and spot

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inspection were carried out in recent past, this petition may be disposed of.

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Having heard learned counsel for the parties and having perused the record, the writ petition is disposed of with a direction to the respondent no.3 Sub-Divisional Magistrate, Tehsil Sadar, District Ballia to consider the grievance of the petitioner as well as the private respondent no.4 and on the basis of spot inspection and requisite measurement, appropriate direction shall be issued and consequential action shall be taken, after giving opportunity of hearing to the petitioners and the respondent no.4. Such exercise may be carried out within a period of two months from the date of production of certified copy of this order.

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Order Date :- 21.2.2023 CS/-

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

Tribhwan Tiwari v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Tribhwan Tiwari 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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