Disposed

Tauqeer Alam v. State of U.P. Thru. Its Prin. Secy. Revenue Deptt. Lko. and Others

Allahabad HC15 Jul 2024/515/2024

Case brief

AI extract

What is this about?

Petitioner filed a PIL seeking eviction of a private respondent for illegal encroachment on public land. The court noted pending recovery cases and dispensed with a notice. It disposed of the petition without deciding merits, directing authorities to conclude pending proceedings under Section 67 of U.P. Revenue Code, 2006 expeditiously.

What did the court decide?

Direction to the concerned authority to consider and conclude the pending cases under Section 67 of U.P. Revenue Code, 2006 expeditiously.

Tauqeer Alam Vs State of U.P. Thru. Its Prin. Secy… — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:48599

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Court No. - 7

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 515 of 2024

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Petitioner :- Tauqeer Alam Respondent :- State Of U.P. Thru. Its Prin. Secy. Revenue Deptt. Lko. And Others Counsel for Petitioner :- Rajendra Prasad Yadav Counsel for Respondent :- C.S.C.,Pankaj Gupta

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Hon'ble Alok Mathur,J.

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Heard Sri Rajendra Prasad Yadav, learned counsel for petitioner as well as learned Standing Counsel for respondent Nos. 1 to 4 and Sri Pankaj Gupta, learned counsel appearing for respondent no. 5.

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In light of the proposed order, notice to private respondent is dispensed with.

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By means of present writ petition the petitioner has approached this Court seeking a direction to State respondents to evict the private respondent as well as any other person who has illegally encroached upon the public land being Gata No. 1225Ga, area 0.0530 hectares and Gata No. 1225Kha, area 0.4010 hectares, situated in Village - Dhanepur, Tehsil - Sadar, District - Gonda, expeditiously.

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Learned counsel for petitioner submits that illegal encorachment over the public land has been made by respondent no. 6, existing over Gata No. 1225Ga, area 0.0530 hectares and Gata No. 1225Kha, area 0.4010 hectares, situated in Village - Dhanepur, Tehsil - Sadar, District - Gonda, and said land is recorded as "Pond" in the revenue record.

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It is further submitted that with regard to aforesaid illegal encorachment over the public land by the private respondent, the petitioner has moved several applications before the authorities concerned, but till date no action has been taken in this regard.

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Learned Standing Counsel on the other hand on the basis of instructions received from Tehsildar, Tiloi, Amethi has submitted that over Gata No. 1225Kha no illegal encroachment has been found while in respect to Gata No. 1225Ga illegal encroachment by many villagers has been found and in this regard before the Tehsildar 27 cases under Section 67 of U.P. Revenue Code, 2006 being Case No. T202208300404292,

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T202208300404293, T202208300404294, T202208300404295, T202208300404296, T202208300404298, T202208300404299, T202208300404300, T202208300404301, T202208300404302, T202208300404303, T202208300404304, T202208300404305, T202208300404306, T202208300404307, T202208300404309, T202208300404310, T202208300404312, T202208300404313, T202208300404315, T202208300404316, T202208300404318, T202208300404320, T202208300404321, T202208300404323, T202208300404324 and T202208300404326 pertaining to Gata No. 1225Ga, are pending and proceedings are going on. It is submitted that under Section 67 of U.P. Revenue Code, 2006 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 the State respondents may be directed to conclude the proceedings of aforesaid case expeditiously so that illegal encroachment by private respondent over public land may be removed.

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Accordingly, without entering into merits of the case, the writ petition, is disposed of with direction to the authority concerned to proceed to consider and conclude the proceedings of aforesaid Cases expeditiously, in accordance with law.

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Order Date :- 15.7.2024 A. Verma

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(Alok Mathur, J.)

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

Tauqeer Alam v. State of U.P. Thru. Its Prin. Secy. Revenue Deptt. Lko. and Others

Case brief

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Tauqeer Alam v. State of U.P. Thru. Its Prin. Secy. Revenue Deptt. Lko. and Others

Case brief

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