Disposed

Vikash Singh and 19 Others v. State of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Lko. and 5 Others

Allahabad HC21 Mar 2024/263/2024

Case brief

AI extract

What is this about?

In this PIL, petitioners sought a direction to remove illegal encroachment on public utility land. The Court observed that an efficacious statutory remedy exists under Section 67 of U.P. Revenue Code, 2006. Consequently, the petition was disposed of with liberty to approach the statutory authority.

What did the court decide?

Writ petition disposed of with liberty to move an application under Section 67 of U.P. Revenue Code, 2006 before the competent authority.

Vikash Singh and 19 Others Vs State of U.P. Thru… — Landlord and Tenant | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:24985

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Court No. - 6

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 263 of 2024

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Petitioner :- Vikash Singh And 19 Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Lko. And 5 Others

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Counsel for Petitioner :- Sanjay Kumar Singh Counsel for Respondent :- C.S.C.,Pankaj Gupta

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Hon'ble Alok Mathur,J.

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Heard Sri Sanjay Kumar Singh, learned counsel for petitioners as well as learned Standing Counsel for respondent No. 1 to 4.

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

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Petitioners approached this court seeking a direction to State authorities to get conduct an appropriate enquiry regarding the illegal encroachment made by the respondent No. 6 on the Sahan land as well as part of the land of Gata NO. 363Ka/1.1530 situated at Village - Wazirganj (Mahadeva), Tehsil - Tarabganj, District - Gonda and remove the illegal encroachment forthwith.

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Learned counsel for petitioner submits that respondent No. 6 is illegally encroaching upon the Sahan land and land of Gata No. Gata No. 363 situated at aforesaid village despite the fact that the same is public utility land. It has also been stated that several representations have been made by the petitioner in this regard to the competent authority but no action has been taken by them consequently present writ petition has been filed.

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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 respondent No. 4 and in case such an application is made within two weeks from today, respondent No. 4 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 :- 21.3.2024 Ravi/

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Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench

Vikash Singh and 19 Others v. State of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Lko. and 5 Others

Case brief

What is this about?

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Vikash Singh and 19 Others v. State of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Lko. and 5 Others

Case brief

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What did the court decide?

What the court decided

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