Writ petition sought removal of alleged encroachment over a gata in Bahraich. State reported allotments recorded in revenue records and no encroachment after demarcation. Petition disposed of with liberty to move authorities under Section 67 of the Revenue Code.
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Neutral Citation No. - 2024:AHC-LKO:39517
Court No. - 17
Case :- WRIT - C No. - 4651 of 2024
Petitioner :- Mala Devi Respondent :- State Of U.P. Thru. Its Prin. Secy. Deptt Of Revenue, Lko. And 4 Others Counsel for Petitioner :- Manoj Kumar Yadav Counsel for Respondent :- C.S.C.,Pankaj Gupta
Hon'ble Manish Mathur,J.
Heard learned counsel for petitioner and learned State Counsel for opposite parties 1 to 4 and Mr. Vishnu Dutt Pandey Advocate holding brief on behalf of Mr. Pankaj Gupta learned counsel for opposite party No.5.
Petition has been filed seeking a direction to concerned authorities for taking necessary action for removal of alleged encroachment over gata No. 159 mi/0.158 hectare situated at village Saray Jagna Pargana Fakharpur, Tehsil Kaisarganj, District Bahraich by private individuals.
Learned State Counsel on the basis of written instructions dated 23rd May, 2024, which are taken on record, submits that upon inspection, it was found that three persons have been allotted a portion of the aforesaid gata and their names have also been recorded in the revenue records. A small portion of the aforesaid gata which was recorded as banzar was demarcated and on which no encroachment was found. The said portion of the plot has been given in custody of the land management committee.
Considering aforesaid written submissions, nothing more is required to be adjudicated upon in this petition. However petitioner is granted liberty to approach the authorities concerned under section 67 of the Revenue Code, in case of any revenue grievance. If such application is preferred, same shall be considered and decided within statutory time limit after affording opportunity of hearing to all concerned including alleged encroacher.
The petition stands disposed of.
Order Date :- 24.5.2024 prabhat
Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the authorities could be directed to remove alleged encroachment over gata No. 159 in village Saray Jagna, District Bahraich.
1 provisions across 1 enactments
Mala Devi
State Of U.P. Thru. Its Prin. Secy. Deptt Of Revenue
Manish Mathur
As recorded by the court registry
2 orders share this CNR
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