Disposed

Rakesh Kumar Chaurasia v. State of Up and 3 Others

Allahabad HC13 Aug 2024WPIL/1121/2024

Case brief

AI extract

What is this about?

The High Court disposed of a PIL regarding illegal possession of land. Instead of issuing a writ, the court directed the petitioner to utilize the alternative remedy by filing an application under Section 26 of the U.P. Revenue Code, 2006.

What did the court decide?

Direction to the petitioner to move an application under Section 26 of the U.P. Revenue Code, 2006 within two weeks.

Rakesh Kumar Chaurasia vs State of Up and 3 Others — Landlord and Tenant | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:130949

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Court No. - 50

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1121 of 2024

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Petitioner :- Rakesh Kumar Chaurasia Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Akhand Pratap Singh,Shobhit Yadav Counsel for Respondent :- Achal Singh,C.S.C.

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Hon'ble Ashutosh Srivastava,J.

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Heard Shri Akhand Pratap Singh, learned counsel for the petitioner and learned Standing counsel, representing the State respondents. Shri Achal Singh, learned counsel has accepted notice on behalf of the Gaon Sabha concerned.

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The present writ PIl has been filed for issuance of a writ of mandamus commanding the respondent Nos. 2 and 3 to vacate the Gram Samaj land from the illegal possession of several villagers who have illegally made constructions over the Arazi No. 2513 area 0.4290 hectare which is recorded as "Sadak" in the revenue records, situate at Gram Panchayat Pailani, Pargana and Tehsil Pailani, District Banda. A further writ in the nature of mandamus directing the respondent No. 2 to decide the representation dated 9.5.2024 pending before the respondent No. 2 has also been sought.

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Learned Standing Counsel has raised a preliminary objection that the petitioner has an alternative remedy to approach appropriate authority by moving an application under Section 26 of the Uttar Pradesh Revenue Code, 2006.

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Considering the aforesaid facts and circumstances of the case, the Public Interest Litigation is being disposed of with a direction to the petitioner to move an application under Section 26 of the U.P. Revenue Code, 2006 within a period of two weeks from today before the respondent concerned. In the eventuality of filing such an application, the Revenue Authorities shall proceed to register a case and make all endeavour to conclude the proceedings within a period of two months, strictly, in accordance with law.

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Order Date :- 13.8.2024 Ravi Prakash

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(Ashutosh Srivastava, J.)

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Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad

Rakesh Kumar Chaurasia v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

Rakesh Kumar Chaurasia v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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