Disposed

Satya Kumar Singh v. State of U.P. Thru. Secy. Revenue Civil Sectt. Lko and 6 Others

Allahabad HC19 Mar 2024/250/2024

Case brief

AI extract

What is this about?

Petitioner sought direction to remove illegal encroachment on gram sabha land. Court observed efficacious remedy exists under U.P. Revenue Code. Petition disposed of with liberty to approach competent authority.

What did the court decide?

Liberty granted to petitioner to move application to competent authority; authority directed to decide expeditiously.

Satya Kumar Singh Vs State of U.P. Thru. Secy. Revenue… — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:23715

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Court No. - 6

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 250 of 2024

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Petitioner :- Satya Kumar Singh Respondent :- State Of U.P. Thru. Secy. Revenue Civil Sectt. Lko And 6 Others Counsel for Petitioner :- Shubh Prakash Srivastava,Manuvendra Singh Counsel for Respondent :- C.S.C.,Mohan Singh

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Hon'ble Alok Mathur,J.

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Heard learned counsel for petitioner as well as learned Standing Counsel for State -respondents while notice on behalf of Gaon Sabha- respondent No.6 has been accepted by Sri Mohan Singh.

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In light of the proposed order, notice to private respondent is dispensed with.

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Petitioner by way of instant public interest petition has approached this Court seeking a direction to the opposite parties to remove illegal encroachment made by private opposite party on gram sabha land Gata No.272 area 0.0250 hectare recorded as general utility and Gaddha land in the revenue records of Village Jagdishpur, Post Alipur (Sarawa), Pargana Aldemau, Tehsil Kadipur, District Sultanpur, expeditiously.

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Learned counsel for petitioner submits that in this regard the petitioner has made several representations to the authorities concerned but nothing has been done and the illegal encroachment has not been removed.

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Learned Standing Counsel, on the other hand, has submitted that petitioner has efficacious remedy under Section 67 of U.P. Revenue Code, 2006 where after obtaining report of Revenue Inspector and issuing notices to the alleged encroachers, effective orders for removal of the alleged encroachments as well as levy of penalty can be passed in case the allegations are found correct.

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Learned counsel for petitioner at this stage submits that petitioner may be given liberty to move an application under Section 67 of U.P. Revenue Code, 2006 before the competent authority.

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Accordingly, without entering into merits of the case, the writ petition, is disposed of with a liberty to the petitioner to move an application before the competent authority and in case such

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an application is made the said authority is directed to proceed to consider and decide the same expeditiously in accordance with law.

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(Alok Mathur, J.)

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Order Date :- 19.3.2024 RKM.

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Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench

Satya Kumar Singh v. State of U.P. Thru. Secy. Revenue Civil Sectt. Lko and 6 Others

Case brief

What is this about?

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Satya Kumar Singh v. State of U.P. Thru. Secy. Revenue Civil Sectt. Lko and 6 Others

Case brief

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What did the court decide?

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