Disposed

Baj Singh and 6 Others v. State of U.P. and 2 Others

Allahabad HC23 Mar 2023WRIC/7318/2023

Case brief

AI extract

What is this about?

The Court disposed of a writ petition. It directed the District Magistrate, Saharanpur, to conclude revenue record preparation proceedings within six months pursuant to a government communication dated 11.05.2018, after giving personal hearing to concerned parties.

What did the court decide?

Direction to complete record operations under Section 48 of the Land Revenue Act, 1901 within six months with personal hearing.

Baj Singh and 6 Others Vs State of U.P. and 2 Others — Land Acquisition | Allahabad HC (2023)

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Court No. - 52

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Case :- WRIT - C No. - 7318 of 2023

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Petitioner :- Baj Singh And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Dutt Tiwari,Brajesh Shukla Counsel for Respondent :- C.S.C.

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Hon'ble Kshitij Shailendra,J.

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Heard learned counsel for the petitioners and the learned Standing Counsel for the State-respondents.

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This petition has been filed claiming following reliefs:-

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"i. Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to complete the record operation under Section 48 of the Land Revenue Act, 1901 of Village Chandrao, Tehsil Nukud, District Saharanpur and prepare the Khatauni in the name of the petitioners within a stipulated period as fixed by this Hon'ble Court.

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ii. Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to maintain the status quo till the record is prepared."

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The contention of the learned counsel for the petitioners is that village Chandrao earlier fell within the territory of State of Haryana, however pursuant to Dixit Award which was passed in the year 1974, the said village has fallen within the territory of State of Uttar Pradesh. He submits that as per the law, after such proceedings, the revenue records shall be re-prepared and, in the present case, there is a letter dated 11.05.2018 issued by the Commissioner and Secretary, Board of Revenue, U.P., Anubhag-9, Lucknow directing all the District Magistrates as well as revenue officers of the Districts Gautam Budh Nagar, Aligarh, Shamli, Saharanpur and Baghpat taking note all relevant provisions of law that revenue records be prepared.

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Learned counsel for the petitioners submits that the village falls under the District Saharanpur and therefore the aforesaid letter dated 11.05.2018 is applicable for the petitioners' case and on account of non preparation of revenue records pursuant to the Dixit award and also letter dated 11.05.2018, the petitioners are not able to utilize their land for their respective purposes.

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Learned Standing Counsel submits that appropriate action shall be taken in accordance with law pursuant to the communication dated 11.05.2018.

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Having heard the learned counsel for the parties, this petition is disposed of directing the District Magistrate, Saharanpur (respondent no.2) to take appropriate steps pursuant to the communication dated 11.05.2018 and conclude the proceedings of preparation of records in accordance with law within a period of six months from the date a certified copy of this order is produced before him after giving opportunity of personal hearing to the concerned parties.

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Order Date :- 23.3.2023 AKShukla/-

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

Baj Singh and 6 Others v. State of U.P. and 2 Others

Case brief

What is this about?

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Baj Singh and 6 Others v. State of U.P. and 2 Others

Case brief

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