Disposed

Anil Kumar Dwivedi v. State of Up and 16 Others

Allahabad HC8 Jul 2024WPIL/582/2024

Case brief

AI extract

What is this about?

The petitioner sought removal of illegal construction on school land. The Court noted that proceedings under Section 67 of the U.P. Revenue Code were initiated only after the petition filing. The Court directed respondents to expedite the eviction process and disposed of the petition.

What did the court decide?

Directions issued to proceed with eviction with utmost expedition; petition disposed of.

Anil Kumar Dwivedi vs State of Up and 16 Others — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:110021-DB

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Chief Justice's Court

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 582 of 2024

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Petitioner :- Anil Kumar Dwivedi Respondent :- State Of Up And 16 Others Counsel for Petitioner :- Brij Raj Verma,Dan Bahadur Yadav Counsel for Respondent :- Seema Agrawal, SC, Girijesh Kumar Tripathi, Sher Bahadur Singh

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Hon'ble Arun Bhansali,Chief Justice Hon'ble Vikas Budhwar,J.

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Instructions produced by the learned Standing Counsel are taken on record.

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This writ petition in the public interest has been filed by the petitioner seeking removal of illegal/unlawful construction/possession from land belonging to the School, situated in Village Sehramau (South), Tehsil Sadar, District Shahjahanpur.

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Submissions have been made in the petition that several persons including respondents no. 7 to 17 were in unlawful/illegal possession of the land belonging to the School and despite complaint made in this regard, no steps were being taken.

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By order dated 1.4.2024, learned Standing Counsel, appearing for respondents no. 1 to 5 was granted time to obtain instructions in the matter. The instructions have been produced, wherein it has been indicated that 10 persons are in illegal possession of the land belonging to the School, comprising Khasra No. 875 and 877 and that action under Section 67 of the U.P. Revenue Code, 2006 has already been initiated against them.

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A perusal of the instructions clearly reveals that till such time directions were issued by this Court for obtaining instructions in

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the matter, despite the illegal possession/construction over the School land, no action was taken. However, now action has been taken by the respondents qua evicting the encroachers from the School land.

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The said attitude of the officers pertaining to land belonging to the School/State cannot be appreciated.

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Be that as it may, now once the proceedings have been initiated, it is expected of the respondents to proceed with the matter with utmost expedition and ensure that the proceedings are taken to their logical conclusion.

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With the above observations, the petition stands disposed of.

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Order Date :- 8.7.2024 RK

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(Vikas Budhwar, J) (Arun Bhansali, CJ)

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Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad

Anil Kumar Dwivedi v. State of Up and 16 Others

Case brief

What is this about?

What did the court decide?

Anil Kumar Dwivedi v. State of Up and 16 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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