Disposed

Jawahar Lal v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue , Civil Secrt. Lko. and Others

Allahabad HC15 May 2024WRIC/4357/2024

Case brief

AI extract

What is this about?

This writ petition challenges a notice alleging encroachment on the petitioner's bhumidhari land. The court provisionally considers the matter and directs that the petitioner's house situated on the recorded land area must not be disturbed until the next date of listing.

What did the court decide?

Inter im order directing the petitioner's house on Gata No.253-M not be disturbed till the next listing date.

Jawahar Lal vs State of U.P. Thru. Prin. Secy. Deptt… — Property and Title | Allahabad HC (2024)

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Court No. - 3 Case :- WRIT - C No. - 4357 of 2024 Petitioner :- Jawahar Lal Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue , Civil Secrt. Lko. And Others Counsel for Petitioner :- Hanumant Lal Yadav,Shailendra Singh Chauhan Counsel for Respondent :- C.S.C.

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.

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Heard learned counsel for the petitioner and learned Standing Counsel appearing for the respondent nos. 1 to 4 and Shri s.

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This writ petition has been filed with the following two main prayers:-

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"(i). issue a writ, order or direction in the nature of certiorari thereby quashing the impugned notice dated 3.5.2024 issued by the opposite party no.5 as contained in annexure 1 to this writ petition ;

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(ii). issue a writ, order or direction in the nature of mandamus thereby commanding the opposite parties not to disturb the peaceful possession of the petitioner over his bhumidhari land Gata no.253-M situated in village Rauja, Tehsil Patti, District Pratapgarh without adopting any due procedure established under law."

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Shri Shailendra Singh Chauhan, learned counsel for the petitioner has pointed out the earlier order dated 15.05.2024. He has served the copy of this petition on the respondent no. 5 Nagar Panchayat and has also filed an affidavit of service on 20.05.2024, which is on record.

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it is the case of the petitioner that the petitioner is the recorded tenure holder of Gata No. 253-M situated in village Rauja, Tehsil Patti, District Pratapgarh as is evident from Annexure 2 to this writ petition. A copy of Khatauni maintained for the current Fasli Year 1428 to 1433 i.e current year has been enclosed as anenxure 4. Notice has been issued to the petitioner by respondent no. 5 saying that 253-M is recorded as Government land/public property in the revenue record and being the property of respondent no.5, encroachment upon

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the same done by the petitioner should be removed within three days and also to show cause as to why the proceedings be not initiated against the petitioner under the Municipalities Act, 1916 and U.P. Urban Planning and Development Act, 1973 as amended in 1997.

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it is the case of the petitioner that the respondent no. 5 is constructing the road over the land of the petitioner 253-M.

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List this matter on 11.07.2024, by which date, the respondent no., 5 may file counter affidavit.

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Prima facie., this court is of the view that the matter requires consideration.

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Till the next date of listing, the petitioner's house situated on its own land as recorded in the Khatauni on Gata No.253-M area 0.0480 hectares be not disturbed.

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Order Date :- 27.5.2024

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Pks

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Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench

Jawahar Lal v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue , Civil Secrt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Jawahar Lal v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue , Civil Secrt. Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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