Disposed

Girdhari v. State of Up and 2 Others

Allahabad HC16 Jul 2024WRIB/2285/2024

Case brief

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What is this about?

Petitioner sought direction for demarcation and possession of allotted land. Court disposed petition without adjudicating merits, directing Settlement Officer to decide pending representation within four months.

What did the court decide?

Direction to Settlement Officer of Consolidation to consider pending representation and pass order for demarcation and delivery of possession within four months.

Girdhari vs State of Up and 2 Others — Landlord and Tenant | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:120065

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Court No. - 49

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Case :- WRIT - B No. - 2285 of 2024

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Petitioner :- Girdhari Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Ajay Kumar Kushwaha,Khushboo Gupta Counsel for Respondent :- C.S.C.

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Hon'ble Dinesh Pathak,J.

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Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and perused the records.

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Instant writ petition has been filed, inter alia, for the following prayer :-

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"issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 to take appropriate action against the respondent no.3 for illegal encroachment on the petitioner's land - Chak No.590, New Gata No.204, Area 0.164 hectare."

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It is submitted that the petitioner is Chak-holder No.590, however, his Chak has not properly been demarcated and possession has not been delivered as per the area allotted to the chak of the petitioner. Some miscreants have illegally occupied the area which was allotted to the petitioner. Petitioner has moved a representation before the Settlement Officer of Consolidation who has jotted in the bottom of the application directing the C.O./A.C.O. to carry out demarcation, vide its order dated 01.09.2023, however, till date, no fruitful steps have been taken by the authorities concerned. Thereafter, petitioner has made several representations, however, till date, grievance of the petitioner has not been redressed.

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Learned Standing Counsel has contended that the grievance of the petitioner can more appropriately be redressed by the Settlement Officer of Consolidation before whom previous representation dated 01.09.2023 (Annexure-1) is pending consideration.

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In this conspectus, as above, no useful purpose would be served to keep this matter pending. Therefore, this Court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case, as mentioned in the writ petition, with a direction that Settlement Officer of

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Consolidation, before whom representation dated 01.09.2023 is still pending consideration, shall consider and decide the same and pass appropriate order for demarcation and the delivery of possession in favour of the petitioner strictly in accordance with law, expeditiously, preferably, within a period of four months from the date of production of certified copy of this order along with the self-attested copy of the instant writ petition, in case, there is no other legal impediment. It is expected that the proceeding shall be considered and decided strictly in accordance with law, after affording opportunity of hearing to the parties, without according unnecessary adjournments.

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With the aforesaid direction, this writ petition is finally disposed of .

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Order Date :- 26.7.2024 Rama Kant

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Digitally signed by :- RAMAKANT High Court of Judicature at Allahabad

Girdhari v. State of Up and 2 Others

Case brief

What is this about?

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Girdhari v. State of Up and 2 Others

Case brief

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