Disposed¶10

Ramesh Kumar Tiwari v. State of U.P. Thru. Prin. Secy. Panchayat Raj Civil Secrt. Lko. and 9 Others

Allahabad HC23 May 2024/412/2024

Case brief

AI extract

What is this about?

Allahabad High Court, Lucknow Bench; PIL No. 412 of 2024; encroachment over public utility land; Gata Nos. 1186 and 1187; Chak Marg; Nali; Village Jijauli; Tehsil Tiloi; District Amethi; Land Management Committee; Gram Pradhan; removal of encroachment; Section 67 U.P. Revenue Code, 2006; petition disposed as nothing survives; liberty to seek remedy before revenue authority; Manish Mathur, J.; order dated 23.5.2024.

What did the court decide?

Petition disposed of on the State's report that the encroached plots stand vacated and possession handed over to the Land Management Committee/Gram Pradhan; liberty granted to the petitioner to file an application under Section 67 of the U.P. Revenue Code, 2006 if still aggrieved. ¶10

Ramesh Kumar Tiwari Vs State of U.P. Thru. Prin. Secy. Panchayat Raj Civil Secrt. Lko. and 9 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶10

Issue for consideration

Whether the alleged encroachment by the private opposite parties over Gata Nos. 1186 (area 0.0820 hectare) and 1187 (area 0.0250 hectare), reserved as public utility land (Chak Marg and Nali) in Village Jijauli, Tehsil Tiloi, District Amethi, should be removed by the concerned authority.

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Court's answer

Since the State reported that the plots were inspected, got vacated and possession handed over to the Land Management Committee/Gram Pradhan with no encroachment subsisting, nothing more remains to be adjudicated upon in the present petition.

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Ratio / Principle

If the petitioner still feels aggrieved, liberty is granted to file an appropriate application under Section 67 of the U.P. Revenue Code, 2006, which if presented shall be decided within the statutory time limit after granting opportunity of hearing to all concerned, including the alleged encroachers.

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Detailed headnote1 paragraphs

Public interest litigation seeking a direction for removal of the alleged encroachment by private opposite parties over Gata Nos. 1186 (area 0.0820 hectare) and 1187 (area 0.0250 hectare), reserved as public utility land (Chak Marg and Nali), in Village Jijauli, Tehsil Tiloi, District Amethi. On the strength of the State's written instructions dated 22.5.2024 that the plots were inspected, got vacated and possession handed over to the Land Management Committee/Gram Pradhan, with no encroachment subsisting, the Court found nothing more remained to be adjudicated and disposed of the petition, while granting the petitioner liberty to file an appropriate application under Section 67 of the U.P. Revenue Code, 2006, to be decided within the statutory time limit after affording hearing to all concerned, including the alleged encroachers.

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Court No. - 17

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 412 of 2024 Petitioner :- Ramesh Kumar Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Panchayat Raj Civil Secrt. Lko. And 9 Others

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Counsel for Petitioner :- Dinesh Chandra,Rohit Tripathi,Surya Prakash Counsel for Respondent :- C.S.C.,Mohan Singh

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Hon'ble Manish Mathur,J.

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Heard learned counsel for the petitioner, learned State Counsel for the opposite parties no.1 to 4 and Mr. Govind Chaurasia, Advocate holding brief of Mr. Mohan Singh, learned counsel for opposite party no.5.

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In view of the order being passed notice to opposite parties no. 6 to 10 stands dispensed with.

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Present petition has been filed seeking a direction to the concerned authority for removal of the alleged encroachment by the private opposite parties over the gata numbers 1186, area 0.0820 hectare and Gata No.1187, area 0.0250 hectare reserved for public utility land, i.e. Chak Marg and Nali in Village Jijauli, Tehsil Tiloi, District Amethi.

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Learned State Counsel on the basis of written instructions dated 22.5.2024 which are taken on record submits that inspection of the aforesaid plots was undertaken and after getting them vacated, possession thereof has already been handed over to the Land Management Committee/ Gram Pradhan and at present there is no encroachment over the aforesaid property.

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In view of the aforesaid, nothing more remains to be adjudicated upon in the present petition, however, in case petitioner still feels aggrieved, liberty is granted to him to file appropriate application under Section 67 of the U.P. Revenue Code, 2006 which if presented, shall be decided within the statutory time limit after granting opportunity of hearing to all concerned including the alleged encroachers.

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With the aforesaid directions, present petition stands disposed of.

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Order Date :- 23.5.2024 mks

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Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench

Ramesh Kumar Tiwari v. State of U.P. Thru. Prin. Secy. Panchayat Raj Civil Secrt. Lko. and 9 Others

Case brief

What is this about?

What did the court decide?

Ramesh Kumar Tiwari v. State of U.P. Thru. Prin. Secy. Panchayat Raj Civil Secrt. Lko. and 9 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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