Disposed¶13

Devesh Singh and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue, Lucknow and Others

Allahabad HC23 Aug 2024/3906/2024

Case brief

AI extract

What is this about?

Neutral Citation 2024:AHC-LKO:57684. Keywords: Article 227; writ petition disposed with liberty; alternative remedy; Sections 26/67 U.P. Revenue Code 2006; removal of encroachment; public nali; khasra/gata Nos. 1940, 1918, 2057, 2060, 2032, 2064; CH-41; Village Jalaluddin Nagar, Pura Bazar, Pargana Haweli, Tehsil Sadar, District Ayodhya; Gaon Sabha respondent No.7; Revenue Inspector report; penalty on encroachers; expeditious decision by competent authority; notice to private respondents dispensed with.

What did the court decide?

Liberty to the petitioner to move an application under Sections 26/67 of the U.P. Revenue Code, 2006 before the competent authority; the competent authority directed to consider and decide such application expeditiously in accordance with law. ¶13

Devesh Singh and Another Vs State of U.P. Thru… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a direction should issue to the opposite parties, especially opposite party No.3, to register and decide the petitioner's application dated 26.2.2024 for removal of encroachment over gata Nos. 1940, 1918, 2057, 2060, 2032 and 2064 recorded as public nali in Village Jalaluddin Nagar, Pargana Haweli, Tehsil Sadar, District Ayodhya. +1 more

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Ratio / Principle

Without entering into the merits of the case, the writ petition is disposed of with liberty to the petitioner to move an application before the competent authority (under Sections 26/67 of the U.P. Revenue Code, 2006).

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Key takeaways

In case such an application is made, the competent authority is directed to proceed to consider and decide the same expeditiously in accordance with law.ratio¶13

Detailed headnote1 paragraphs

Devesh Singh and another approached the High Court of Judicature at Allahabad, Lucknow Bench under Article 227 (Matters Under Article 227 No. 3906 of 2024) seeking a direction to opposite party No.3 to register and decide their application dated 26.2.2024 for removal of encroachments over gata Nos. 1940, 1918, 2057, 2060, 2032 and 2064 of Village Jalaluddin Nagar, Pura Bazar, Pargana Haweli, Tehsil Sadar, District Ayodhya, recorded as public nali in CH-41, on which representations to the authorities had gone unheeded. Learned Standing Counsel pointed out the efficacious remedy under Sections 26/67 of the U.P. Revenue Code, 2006 (report of Revenue Inspector, notices to alleged encroachers, orders for removal and levy of penalty). Counsel for the petitioner sought liberty to move such an application. Disposing of the writ petition without entering into the merits, Hon'ble Alok Mathur, J. granted liberty to the petitioner to move an application before the competent authority and directed that authority, in case such an application is made, to consider and decide the same expeditiously in accordance with law.

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Neutral Citation No. - 2024:AHC-LKO:57684

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 3906 of 2024

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Petitioner :- Devesh Singh And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lucknow And Others Counsel for Petitioner :- Rakesh Kumar 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 petitioners as well as learned Standing Counsel for State -respondents while notice on behalf of Gaon Sabha- respondent No.7 has been accepted by Sri Mohan Singh.

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2.In view of the proposed order, notice to private respondents is dispensed with.

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Petitioner has approached this court seeking a direction to the opposite parties, especially opposite No.3 to register and decide the application dated 26.2.2024 moved by the petitioner for for removal of encroachment over land of gata No.1940, 1918, 2057, 2060, 2032 and 2064 situated at Village Jalaluddin Nagar, Pura Bazar, Pargana Haweli, Tehsil Sadar, District Ayodhya which is recorded as public nali in the revenue records, expeditiously.

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1. It is further submitted that aforesaid khasra / gatas are recorded in CH-41 as public nali over which illegal encroachments have been made against which petitioner has made several representations/ requests to the authorities concerned but no action has been taken.

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Learned Standing Counsel, on the other hand, has submitted that petitioner has efficacious remedy under Sections 26/67 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 Sections 26/67 of U.P. Revenue Code, 2006 before the competent authority.

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Accordingly, without entering into merits of the case, the writ

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petition, is disposed of with a liberty to the petitioner to move an application before the competent authority and in case such 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 :- 23.8.2024 RKM./A. Verma

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Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench

Devesh Singh and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue, Lucknow and Others

Case brief

What is this about?

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Devesh Singh and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue, Lucknow and Others

Case brief

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What the court decided

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