Disposed

Dulara v. State of U.P. Thru. Secy. Home, Civil Sect. Lko. and 5 Others

Allahabad HC18 Apr 2024/332/2024

Case brief

AI extract

What is this about?

The High Court disposed of a PIL seeking removal of illegal encroachment on Gata No.174. It directed the Sub District Magistrate to conclude proceedings under Section 67 of the U.P. Revenue Code, 2006 within three months after hearing all concerned.

What did the court decide?

Direction to Sub District Magistrate to conclude encroachment proceedings under Section 67 of U.P. Revenue Code, 2006 within three months.

Dulara Vs State of U.P. Thru. Secy. Home, Civil… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:30309

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Court No. - 17

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 332 of 2024 Petitioner :- Dulara Respondent :- State Of U.P. Thru. Secy. Home, Civil Sect. Lko. And 5 Others Counsel for Petitioner :- Arun Kumar,Krishna Gopal Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioner, learned State Counsel for opposite parties no.1 to 3 while notice on behalf of opposite party no.4 has been accepted by Mr. Dilip Kumar Pandey, Advocate.

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In view of order being proposed to be passed, notices to opposite parties no.5 and 6 stand dispensed with.

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Petition has been filed seeking a direction to concerned authority for removal of alleged illegal encroachment and construction over Gata No.174, area 0.1960 hectare, situated in Village Jalim Kheda Majra Gujauli Sarvan District, Unnao.

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Learned State counsel on the basis of written instructions dated 15.04.2024, a copy of which is taken on record submits that upon examination, illegal encroachment by opposite party no.5 was found on the Gata in question for which proceedings under Section 67 of the U. P. Revenue Code,2006 have already been initiated and shall be concluded shortly. However it is submitted that no encroachment of opposite party no.6 has been found.

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In view of aforesaid submissions, opposite party no.3 i.e. Sub District Magistrate Tahsil Purwa, District Unnao is directed to ensure early conclusion of proceedings initiated under Section 67 of the U. P. Revenue Code, 2006 within a period of three months from the date of initiation of proceedings after affording opportunity of hearing to all concerned including the alleged encroacher.

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In case petitioner is aggrieved by any other portion of any alleged encroachment, she shall be at liberty to file an appropriate application under Section 67 of the U.P. Revenue Code, 2006 which shall be considered and decided by the authority concerned.

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With the aforesaid observation, the petition stands disposed of .

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Order Date : - 18.4.2024 Subodh/-

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Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Dulara v. State of U.P. Thru. Secy. Home, Civil Sect. Lko. and 5 Others

Case brief

What is this about?

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Dulara v. State of U.P. Thru. Secy. Home, Civil Sect. Lko. and 5 Others

Case brief

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