Disposed

Ram Bhavan v. State of U.P. Thru. Prin. Secy. Revenue Lko. and 5 Others

Allahabad HC3 Sept 2024WPIL/748/2024

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Ram Bhavan vs State of U.P. Thru. Prin. Secy… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:61044

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Court No. - 7

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 748 of 2024 Petitioner :- Ram Bhavan Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 5 Others Counsel for Petitioner :- Vijay Bahadur Yadav,Adarsh Srivastava 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 the petitioner, learned Standing counsel for the State and Sri Mohan Singh for the Gaon Sabha.

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By means of the present public interest petition the petitioner has stated that the land of gata No.421 area 0.0380 hectare situated in Village Hamjapur Pathan, Pargana Aldemau Tehsil Kadipur, District Sultanpur which is recorded as Naveen Parti in revenue record/khatauni is a public utility land which has been illegally encroached upon by nearby residents. It is further submitted that several representations in this regard have been given to the concerned authorities but no proceedings have been initiated by them.

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Learned Standing counsel, on the basis of the instructions, has informed this Court that the proceedings under Section 67 of U.P. Revenue Code, 2006 have already been initiated vide Case No. D 202204680405799 but is proceedings have been stayed vide order dated 30.11.2023 in pursuance of order dated 9.3.2023 passed in Case No.D 202304680000526 under Section 30 of U.P. Revenue Code, 2006 by the court of Chief Revenue Officer, Sultanpur. He has submitted that aforesaid proceedings shall be concluded expeditiously.

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In light of the above and also considering the fact that under Section 67 of the Code of 2006 the competent authority has full powers to clear illegal encroachments from public utility land and also to impose penalty and also considering that appropriate proceedings have already been initiated, no further directions are required to be issued by this Court. However, it is expected that the competent authority shall proceed in the matter and conclude the same expeditiously in accordance with law.

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The petition, thus, stands disposed of.

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(Alok Mathur, J.)

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Order Date :- 3.9.2024 RKM./A. Verma

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Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench

Ram Bhavan v. State of U.P. Thru. Prin. Secy. Revenue Lko. and 5 Others

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Ram Bhavan v. State of U.P. Thru. Prin. Secy. Revenue Lko. and 5 Others

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