Disposed

Nanhkeu v. State of U.P. Thru. Secy. Revenue Deptt. Lko and 7 Others

Allahabad HC8 Jul 2024/457/2024

Case brief

AI extract

What is this about?

This PIL concerns illegal encroachment on public utility land in Unnao district. The Court held that the petitioner has an efficacious remedy under Sections 26/67 of the U.P. Revenue Code, 2006. The writ petition was disposed of with liberty to move an application before the Tehsildar within two weeks. If filed, the authority must decide expeditiously.

What did the court decide?

Petitioner granted liberty to move application under Section 26 U.P. Revenue Code before Tehsildar within two weeks; authority directed to decide expeditiously.

Nanhkeu Vs State of U.P. Thru. Secy. Revenue Deptt. Lko… — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:46221

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Court No. - 7

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 457 of 2024

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Petitioner :- Nanhkeu

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Respondent :- State Of U.P. Thru. Secy. Revenue Deptt. Lko And 7 Others

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Counsel for Petitioner :- Virendra Singh Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey

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Hon'ble Alok Mathur,J.

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Heard learned counsel for petitioner, learned Standing Counsel for the State and perused the material available on record.

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In light of the proposed order, notices to private respondents are dispensed with.

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The petitioners approached this Court seeking a direction to private respondents to remove the encroachment over the Gata No. 171/0.0060 Hectare, sitauted at Village Sangrampur (Daundiya Kheda), Post Daundiya Kheda, District Unnao which are recorded as Chakmarg.

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Learned counsel for petitioners submits that private respondents have illegally encroached upon aforesaid land situated at aforesaid village despite the fact that the same are public utility land. He further submits that the petitioner has given several complaints regarding the illegal encroachment which has been done by the private respondents over the public utility land but the same are not concluded till date.

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Learned Standing Counsel on the other hand has submitted that the petitioner has efficacious remedy under Sections 26/67 of the U.P. Revenue Code, 2006 where it has been provided if

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the Tehsildar finds that any obstacle impedes the free use of a public road, path or common land of a village or obstructs the road or water course or source of water, he may direct the removal of such obstacle and may, for that purpose, use or cause to be used such force as may be necessary and may recover the cost.

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Learned counsel for petitioner at this stage submits that the petitioners may be given liberty to move an application under Section 26/67 of the 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 petitioners to move application under Section 26 of the U.P. Revenue Code before the concerned Tehsildar and in case such applications are move within two weeks from today, 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 :- 8.7.2024 Virendra

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Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench

Nanhkeu v. State of U.P. Thru. Secy. Revenue Deptt. Lko and 7 Others

Case brief

What is this about?

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Nanhkeu v. State of U.P. Thru. Secy. Revenue Deptt. Lko and 7 Others

Case brief

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What the court decided

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