Disposed

Achchhe Lal v. State of U.P. Thru. Prin. Secy., Deptt. of Revenue, Lucknow and Others

Allahabad HC14 Jun 2024WPIL/534/2024

Case brief

AI extract

What is this about?

In a PIL concerning illegal encroachment on public land, the petitioner sought eviction of encroachers. The court disposed of the petition without deciding merits, directing authorities to conclude pending proceedings under the U.P. Revenue Code expeditiously.

What did the court decide?

Writ petition disposed with direction to authority to expeditiously conclude pending proceedings under Section 67 of U.P. Revenue Code, 2006 regarding encroachment.

Achchhe Lal vs State of U.P. Thru. Prin. Secy., Deptt. of… — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:46856

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Court No. - 7

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 534 of 2024

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Petitioner :- Achchhe Lal Respondent :- State Of U.P. Thru. Prin. Secy., Deptt. Of Revenue, Lucknow And Others Counsel for Petitioner :- Govind Kumar Chourasia,Ram Bux Rawat

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Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey

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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 respondent nos. 1, 2 and 3 and Sri Dilip Kumar Pandey, learned counsel appearing for respondent no. 4.

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In light of the proposed order, notice to private respondents 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. 569, area 0.032 hectares, situated in Village - Kat Kusuma, Pargana - Shri Nagar, Tehsil - Lakhimpur, District - Lakhimpur Kheri, expeditiously.

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Learned counsel for petitioner submits that illegal encorachment over the public land has been made by the private respondents, existing over Gata No. 569, area 0.032 hectares, situated in Village - Kat Kusuma, Pargana - Shri Nagar, Tehsil - Lakhimpur, District - Lakhimpur Kheri, and said land is recorded as "Pathway" in the revenue records.

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It is further submitted that with regard to aforesaid illegal encorachment over the public land by the private respondents, 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 Sub Divisional Magistrate, Sadar, Lakhimpur Kheri has submitted that before the Tehsildar a case under Section 67 of U.P. Revenue Code, 2006 being Case No. T202410430113917 - Gaon Sabha Vs. Ajai Kumar Verma, pertaining to same land is pending and proceedings are going on. It is submitted that under Section 67 of U.P. Revenue Code,

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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 respondents 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 Case No. T202410430113917 - Gaon Sabha Vs. Ajai Kumar Verma, expeditiously, in accordance with law.

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Order Date :- 9.7.2024 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

Achchhe Lal v. State of U.P. Thru. Prin. Secy., Deptt. of Revenue, Lucknow and Others

Case brief

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Achchhe Lal v. State of U.P. Thru. Prin. Secy., Deptt. of Revenue, Lucknow and Others

Case brief

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