Disposed

Teekaram v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Revenue,Lko. and 5 Others

Allahabad HC20 Aug 2024WRIC/7024/2024

Case brief

AI extract

What is this about?

In a writ petition seeking removal of alleged illegal government construction on private land, the Allahabad High Court dismissed the petition and granted liberty to approach the competent authority under the U.P. Revenue Code, 2006, directing an expeditious decision if an application is filed within two weeks.

What did the court decide?

Liberty granted to move an application under Section 26/67 of U.P. Revenue Code, 2006 before competent authority; authority directed to decide it expeditiously if filed within two weeks.

Teekaram vs State of U.P. Thru. Addl. Chief Secy… — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:56471

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Court No. - 7

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Case :- WRIT - C No. - 7024 of 2024

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Petitioner :- Teekaram Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Revenue,Lko. And 5 Others

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Counsel for Petitioner :- Santosh Kr. Yadav Warsi,Jitesh Yadav,Pradeep Kumar Yadav

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Counsel for Respondent :- C.S.C.

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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.

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

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Petitioner approached this court seeking a direction to the respondents to remove the illegal construction of chakmarg /road on the old aabadi land category 6(2) constructed by government fund/village panchayat bearing gata No.495 in Village Paresendi, Tehsil Kaiserganj, District Bahraich, expeditiously.

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4.It is further submitted that respondent No.6 in collusion with the revenue /police officials has conspired illegal construction and misused the government fund just to cause loss to the petitioner but no action has been taken despite the petitioner having made several representations/complaints to the authorities concerned.

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Learned Standing Counsel, on the other hand, has submitted that petitioner has efficacious remedy under Section 26/67 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 26/67 of U.P. Revenue Code, 2006 before the

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competent authority.

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Accordingly, without entering into merits of the case, the writ petition, is d isposed of with a liberty to the petitioner to move an application under Section 26/67 of U.P. Revenue Code, 2006 before the competent authority and in case such an application is made within two weeks from today, 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 :- 20.8.2024 RKM.

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

Teekaram v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Revenue,Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

Teekaram v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Revenue,Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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