Disposed

Ram Sewak v. State of U.P. Thru. Addl. Chief Secy. Revenue Deptt. Lko. and 4 Others

Allahabad HC27 Aug 2024/712/2024

Case brief

AI extract

What is this about?

In this PIL regarding illegal encroachment on public utility land, the court held that eviction direction is deferred pending an ongoing appeal by encroachers, with liberty to seek compliance order subsequently.

What did the court decide?

Liberty granted to move appropriate application for eviction compliance if the pending appeal is dismissed.

Ram Sewak Vs State of U.P. Thru. Addl. Chief Secy. Revenue Deptt. Lko. and 4 Others — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC-LKO:57931

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Court No. - 7

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 712 of 2024 Petitioner :- Ram Sewak Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. Lko. And 4 Others Counsel for Petitioner :- Awadhesh Kumar Tiwari Counsel for Respondent :- C.S.C.,Pankaj Gupta

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Hon'ble Alok Mathur,J.

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Heard Sri Awadhesh Kumar Tiwari, learned counsel for the petitioner, learned Standing counsel for State- respondent No.s 1, 2 and 3 and Sri Vikram Dutt Pandey holding brief Sri Pankaj Gupta for respondent No.4- Gaon Sabha concerned.

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

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By means of instant public interest petition the petitioner has sought a direction the State-respondents to remove illegal encroachment from gata No.755 area 0.160 hectare, situated at Village Sadkarpur, Pargana Babhanipayar, Tehsil Mankapur, District Gonda which is recorded as " Naveen Parti" and is public utility land.

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It has been submitted that proceedings under Section 122-B of U.P. Zamindari Abolition and Land Reforms Act for removal of the said illegal encroachment were initiated and orders for eviction were passed on 31.5.2023 by Tehsildar, Mankapur, Gonda.

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Learned Standing counsel, on the basis of instructions, has informed that the encroachers had filed an appeal against the orders of eviction dated 31.5.2023 which is pending before the appellate authority.

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Considering the fact that appeal is already pending, the direction as sought by the petitioner for removal of the encroachment can be passed only after the said appeal is decided. However, the petitioner is given liberty to move appropriate application for compliance of the order of eviction in case the appeal is dismissed.

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With aforesaid observations and directions, the petition stands disposed of.

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Order Date :- 27.8.2024/RKM./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

Ram Sewak v. State of U.P. Thru. Addl. Chief Secy. Revenue Deptt. Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

Ram Sewak v. State of U.P. Thru. Addl. Chief Secy. Revenue Deptt. Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

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