Disposed

Pappu Tiwari v. State of U.P. Thru. Prin. Secy., Revenue, Lucknow and Others

Allahabad HC17 May 2024/426/2024

Case brief

AI extract

What is this about?

In this PIL regarding alleged encroachment on government land, the High Court, Allahabad (Lucknow Bench) directed the SDM Gonda to conclude Section 67 proceedings within 90 days. The court dispensed with notice to some respondents based on the State's admission of status quo for one parcel and active filing for the other.

What did the court decide?

Directive to Sub Divisional Magistrate, Gonda to conclude proceedings under Section 67 of U.P. Revenue Code, 2006 within 90 days; notices to O.P.s 6-8 dispensed with.

Pappu Tiwari Vs State of U.P. Thru. Prin. Secy., Revenue… — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:37773

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Court No. - 17

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 426 of 2024 Petitioner :- Pappu Tiwari Respondent :- State Of U.P. Thru. Prin. Secy., Revenue, Lucknow And Others Counsel for Petitioner :- Mohd. Nafeesh Quraishi Counsel for Respondent :- C.S.C.,Pankaj Gupta

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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 4, Mr. Tushar Gupta, Advocate holding brief on behalf of Mr. Pankaj Gupta, learned counsel for opposite party no.5.

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In view of order being proposed to be passed, notices to opposite parties no.6 to 8 stand dispensed with.

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Petition has been filed seeking a direction to concerned authority for removal of alleged illegal encroachment over Gatas No.685 & 686 situated at Gram Panchayat Lakshmanpur Jatt, Dhobiyanpurwa, Pargana Tahsil & District Gonda.

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Learned State counsel on the basis of written instructions dated 16.05.2024, a copy of which is taken on record, submits that upon inspection, no encroachment was found on Gata No.686 whereas encroachment was found on Gata No.685 recorded as Khalihan and proceedings under Section 67 of the U. P. Revenue Code,2006 have already been initiated.

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In view of aforesaid submissions, opposite party no.3 i.e. Sub Divisional Magistrate, Gonda Sadar, Gonda is directed to conclude proceedings under Section 67 of the U. P. Revenue Code, 2006 within a period of 90 days from the date of its initiation of proceedings after affording opportunity of hearing to all concerned including the alleged encroacher.

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It has been submitted by learned counsel for petitioner that with regard to Gata No.686, fresh application under Section 67 of the U.P. Revenue Code, 2006 has already been preferred. In case that is so, the concerned authority shall consider and decide the aforesaid application within the statutory time limit in accordance with law after affording opportunity of hearing to all concerned including alleged encroacher.

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With the aforesaid observation, the petition stands disposed of .

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Order Date : - 17.5.2024 Subodh/-

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

Pappu Tiwari v. State of U.P. Thru. Prin. Secy., Revenue, Lucknow and Others

Case brief

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Pappu Tiwari v. State of U.P. Thru. Prin. Secy., Revenue, Lucknow and Others

Case brief

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