Disposed

Sharwan Kumar v. State of U.P. and 4 Others

Allahabad HC26 Apr 2023WRIC/9601/2023

Case brief

AI extract

What is this about?

The High Court of Allahabad disposed of a writ petition regarding encroachment and possession. It directed that the petitioner's application be considered under the U.P. Revenue Code, 2006 instead of the superseded 1901 Act and ordered the Sub-Divisional Officer to issue notice to private respondents for objections.

What did the court decide?

The petition was disposed of by directing the Sub-Divisional Officer to issue notice to respondents 4 and 5 for objections and to pass appropriate orders under Section 23 of the U.P. Revenue Code, 200

Sharwan Kumar Vs State of U.P. and 4 Others — Allahabad HC (2023) — LawSathi Research

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Court No. - 52

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Case :- WRIT - C No. - 9601 of 2023

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Petitioner :- Sharwan Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Amish Kumar Srivastava,Lal Chandra Counsel for Respondent :- CSC

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Hon'ble Kshitij Shailendra,J.

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Heard Sri Amish Kumar, learned counsel for the petitioner, learned Standing Counsel representing the State-respondents and Sri Azad Rai, learned counsel for the respondent-gaon sabha.

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The contention of the learned counsel for the petitioner is that proceedings under Section 41 of U.P. Land Revenue Act, 1901 were finalized and in compliance thereof, pillar stones were installed on the spot, however the private respondents no.4 and 5 had dismantled and destructed the same, concerning which the petitioner moved an application dated 07.10.2022 before the SubDivisional Officer, Handia, Prayagraj. It is further contended that pursuant to the aforesaid application, the Lekhpal conducted spot inspection and submitted a report dated 13.10.2022 to the effect that for the purposes of removal of encroachment, sufficient police force is required.

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This petition has been filed seeking a direction upon the respondent no.2 to decide Misc. Application dated 07.10.2022 and restrain the respondents 4 and 5 from interfering in the possession of the petitioner.

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Having heard the learned counsel for the parties, I find that U.P. Land Revenue Act, 1901 has been superseded by U.P. Revenue Code, 2006 and regarding the grievance of the petitioner, Sections 22 and 23 of the Code, 2006 are specific statutory provisions. Therefore, once the petitioner has already applied on 07.10.2022, his application may be considered under the provisions of Sections 22/23 of the Code, 2006 and since allegations have been levelled against the respondents 4 and 5 to whom notice is not being issued by this Court in order to avoid delay in disposal of the proceedings, this petition is disposed of with following terms:-

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(a) The Sub-Divisional Officer concerned shall call upon the respondents 4 and 5 to file their objections against the petitioner's application dated 07.10.2022 within a period of one month from today.

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(b) After considering the objections and after giving personal hearing to the petitioner as well as the private respondents, the Sub-Divisional Officer concerned shall pass appropriate orders in consonance with the provisions of Section 23 of the Code, 2006, within a period of three months thereafter.

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Order Date :- 26.4.2023 AKShukla/-

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

Sharwan Kumar v. State of U.P. and 4 Others

Case brief

What is this about?

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Sharwan Kumar v. State of U.P. and 4 Others

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