Disposed¶12

Krishna Kumar Yadav v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. and 21 Others

Allahabad HC26 Jul 2024/626/2024

Case brief

AI extract

What is this about?

Sultanpur encroachment PIL; gata lands recorded as Naveen Parti; alternative remedy Section 67 U.P. Revenue Code 2006; Revenue Inspector report; removal of encroachment and penalty; writ petition disposed of without merits with liberty to apply to competent authority within two weeks; expeditious decision directed; Alok Mathur, J.; High Court of Judicature at Allahabad, Lucknow Bench; decided 26.7.2024; neutral citation 2024:AHC-LKO:51043.

What did the court decide?

Liberty to the petitioner to move an application under Section 67 of the U.P. Revenue Code, 2006 before the competent authority; if such application is made within two weeks, the authority to consider and decide it expeditiously in accordance with law. ¶12

Krishna Kumar Yadav Vs State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. and 21 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a direction should be issued to opposite parties Nos. 2 and 3 to remove the alleged illegal encroachment over gata Nos. 835, 840, 855 Cha, 856, 977, 985, 970 Cha, 990, 991, 982, 1087 Kha, 1276, 2124, 992, 995 in Kancha Bhitaura, Pargana Aldemau, Tehsil Jaisinghpur, District Sultanpur, allegedly made by opposite party Nos. 5 to 28. +1 more

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Court's answer

Without entering into the merits of the case, the writ petition is disposed of with liberty to the petitioner to move an application before the competent authority (under Section 67, U.P. Revenue Code, 2006).

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Ratio / Principle

If such an application is made within two weeks, the competent authority is directed to proceed to consider and decide the same expeditiously in accordance with law.

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Detailed headnote1 paragraphs

Public interest litigation by Krishna Kumar Yadav seeking a direction to opposite parties Nos. 2 and 3 to remove alleged encroachments said to have been made by opposite party Nos. 5 to 28 over gata Nos. 835, 840, 855 Cha, 856, 977, 985, 970 Cha, 990, 991, 982, 1087 Kha, 1276, 2124, 992, 995 in Kancha Bhitaura, Pargana Aldemau, Tehsil Jaisinghpur, District Sultanpur; the gatas were stated to be recorded as 'Naveen Parti' in the revenue records. The State pointed to the efficacious remedy under Section 67 of the U.P. Revenue Code, 2006 (report of the Revenue Inspector, notices to alleged encroachers, orders for removal and levy of penalty). Hon'ble Alok Mathur, J., without entering into the merits, disposed of the writ petition with liberty to the petitioner to move an application under Section 67 before the competent authority, directing that if such application is made within two weeks, the authority shall consider and decide it expeditiously in accordance with law. Order dated 26.7.2024.

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Neutral Citation No. - 2024:AHC-LKO:51043

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Court No. - 7

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 626 of 2024

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Petitioner :- Krishna Kumar Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 21 Others Counsel for Petitioner :- Shiv Prakash Dwivedi,Dinesh Chandra Dubey,Rudresh Kumar Sharma Counsel for Respondent :- C.S.C.,Mohan Singh

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Hon'ble Alok Mathur,J.

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Heard learned counsel for petitioner as well as learned Standing Counsel for State -respondents while notice on behalf of Gaon Sabha- respondent No.4 has been accepted by Sri Mohan Singh.

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

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Petitioner has approached this court seeking a direction to opposite parties No.s 2 and 3 to remove illegal encroachment over land of gata No.s 835, 840, 855 Cha, 856, 977, 985, 970 Cha, 990, 991, 982, 1087 Kha, 1276, 2124, 992, 995 situated in Kancha Bhitaura, Pargana Aldemau, TEhsil Jaisinghpur, District Sultanpur made by opposite party No.5 to 28, expeditiously.

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Learned counsel for petitioner submits that aforesaid gatas are recorded as Naveen Parti in the revenue records.

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Learned Standing Counsel, on the other hand, has submitted that petitioner has efficacious remedy under Section 67 of U.P. Revenue Code, 2006 where 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 petitioner may be given liberty to move an application under Section 67 of 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 petitioner to move an application before the competent authority and in case such an application is made within two weeks from today, the said

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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 :- 26.7.2024 RKM.

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Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench

Krishna Kumar Yadav v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. and 21 Others

Case brief

What is this about?

What did the court decide?

Krishna Kumar Yadav v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. and 21 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

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Coram

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