Avinash Kumar Mishra v. District Magistrate, Balrampur and Others
Case brief
What is this about?
Allahabad High Court, Lucknow Bench (Alok Mathur, J.), PIL No. 532 of 2024, decided 9.7.2024. Petitioner Avinash Kumar Mishra sought eviction of encroachers from public land Gata No. 39 (0.1010 hectares), Village Phulwaria, District Balrampur, recorded as 'Naveen Parti'. Petition disposed of with liberty to invoke Section 67, U.P. Revenue Code, 2006 before the competent authority within two weeks; authority to decide expeditiously and consider long-term encroachers' rights under Section 67A. Encroachments alleged to be over 20 years old; earlier applications to authorities yielded no action. Advocates: Dinesh Kumar Mishra, Dinesh Kr. Chaudhary, Praveen Kumar Singh for petitioner; C.S.C. for respondent nos. 1-3; Pankaj Gupta for respondent no.4.
What did the court decide?
Liberty granted to the petitioner to move an application under Section 67 of the U.P. Revenue Code, 2006 before the competent authority within two weeks; the authority is directed to decide the same expeditiously in accordance with law, keeping in view Section 67A regarding rights of long-time encroachers.