Dismissed

Gur Prasad Tiwari @ Gur Prasad v. State of U.P. Thru. Prin. Secy. Revenue Lko and 13 Others

Allahabad HC10 Sept 2024WPIL/769/2024

Case brief

AI extract

What is this about?

Petitioner sought direction to remove illegal encroachment on pond land. Court held efficacious remedy existed under Section 67 of U.P. Revenue Code, 2006. Writ petition dismissed with liberty to move competent authority which must decide expeditiously.

What did the court decide?

Petitioner granted liberty to move application under Section 67 of U.P. Revenue Code, 2006; authority directed to decide expeditiously.

Gur Prasad Tiwari @ Gur Prasad vs State of U.P. Thru… — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:62443

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Court No. - 7

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 769 of 2024

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Petitioner :- Gur Prasad Tiwari @ Gur Prasad Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko And 13 Others

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Counsel for Petitioner :- Dhananjai Kumar Tripathi,Devendra Verma Counsel for Respondent :- C.S.C.,Pankaj Gupta

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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 State -respondents while notice on behalf of Gram Sabha- respondent No.5 has been accepted by Sri Pankaj Gupta.

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In light of the proposed order, notices to private respondents are dispensed with.

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Petitioner has approached this court seeking a direction to the State - respondents to remove illegal encroachment, obstruction and construction made by the private respondents from the pond land of gata No.877 area 0.1860 hectare situated in Village Bishambharpur, Block Majhehana, P.S.-Dhaneypur, Tehsil Sadar, District Gonda , expeditiously and decide the representation of the petitioner dated 24.7.2024.

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Learned Standing Counsel, on the other hand, has submitted that petitioner has efficacious remedy under Section 67 of U.P. Revenue Code, 2006 where 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 petitioner may be given liberty to move an application under Section 67 of U.P. Revenue Code, 2006 before the competent authority.

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Accordingly, without entering into merits of the case, the writ petition, is disposed of with a liberty to the petitioner to move

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an application before the competent authority and in case such an application is made the said authority is directed to proceed to consider and decide the same expeditiously in accordance with law.

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(Alok Mathur, J.)

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Order Date :- 10.9.2024 RKM.

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Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench

Gur Prasad Tiwari @ Gur Prasad v. State of U.P. Thru. Prin. Secy. Revenue Lko and 13 Others

Case brief

What is this about?

What did the court decide?

Gur Prasad Tiwari @ Gur Prasad v. State of U.P. Thru. Prin. Secy. Revenue Lko and 13 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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