Disposed

Chandrabali v. State of U.P. and 4 Others

Allahabad HC20 Mar 2023WRIC/8585/2023

Case brief

AI extract

What is this about?

The petitioner sought a direction to dispose of an application she filed regarding alleged encroachment. The Court directed the Tehsildar/Audio Collector to consider the application, register a case if necessary under Section 67, and decide it within nine months.

What did the court decide?

Direction to respondent no.2 to consider the petitioner's application of 05.08.2022, register a case under Section 67 of the Code-2006 if required, and decide expeditiously within nine months.

Chandrabali Vs State of U.P. and 4 Others — Land Acquisition | Allahabad HC (2023)

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Court No. - 52

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Case :- WRIT - C No. - 8585 of 2023

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Petitioner :- Chandrabali Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Aqeel Ahmad,Ramesh Chandra Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla

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Hon'ble Kshitij Shailendra,J.

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Heard Aqeel Ahmad, learned counsel for the petitioner, learned Standing Counsel representing the State-respondents and Shri Rameshwasr Prasad Shukla, learned counsel for the respondent no.3-Land Management Committee.

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The prayer in the present writ petition is issue direction to the respondent no.2 to decide the application of the petitioner dated 05.08.2022 within stipulated period.

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It is contended by the learned counsel for the petitioner that while permitting disposal of Writ C No.18210 of 2022 (Chandra Bali v. State of U.P. & 4 Ors.), a Co-ordinate Bench of this Court vide order dated 4.7.2022 permitted the petitioner to file application before the authority concerned within three weeks from the order of passing of the aforesaid order. Pursuant thereto, the petitioner has moved application dated 05.08.2022 before the Tehsildar concerned which is pending consideration.

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Section 67 of the U.P. Revenue Code-2006 (hereinafter referred to 'the Code-2006') empowers the authorities concerned to register a case on the information received as per Section 67(1) of the Code-2006 or otherwise and proceed in accordance with law.

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Considering the fact that this Court permitted the petitioner to move an application and the same has already been moved on 05.08.2022, the present writ petition is disposed of with the direction to the respondent no.2-Tehsildar/ Assistant Collector, Tehsil Nazamabad, District-Azamgarh to consider the application of the petitioner dated 05.08.2022 and, if required, register a case under Section 67 of the Code-2006 against the alleged encroacher and, in case, such proceedings are already registered, the same shall be decided expeditiously preferably within a period of nine months from the date of production of certified copy of this order, after affording full opportunity of hearing to the parties concerned.

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Order Date :- 20.3.2023/Jyotsana

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

Chandrabali v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Chandrabali v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

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