Disposed¶11

Amarnath v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue U.P. Lko. and 5 Others

Allahabad HC23 Jan 2025WPIL/45/2025

Case brief

AI extract

What is this about?

Amarnath v. State of U.P.; PIL No. 45 of 2025; Allahabad High Court, Lucknow Bench; Pankaj Bhatia, J.; decided 23.1.2025; Neutral Citation 2025:AHC-LKO:4438; Gaon Sabha land; Khasra/Gata No.517 (0.7400 hectare) recorded as Bheeta; village Sarsawan, Pargana Aldemau, Tehsil Kadipur, District Sultanpur; eviction of illegal encroachment; section 67 of Uttar Pradesh Revenue Code, 2006; Tehsildar (Judicial)/Assistant Collector order dated 27.10.2023 in Case No.1949/2022 (Gaon Sabha Versus Mohd. Rais); recall application pending; writ of mandamus; petition disposed of with direction to take final decision expeditiously in accordance with law.

What did the court decide?

Petition disposed of with a direction to the respondent to take a final decision with all expedition, in accordance with law. ¶11

Amarnath Vs State of U.P. Thru. Prin. Secy. Deptt. of Revenue U.P. Lko. and 5 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with a direction to the respondent to take a final decision with all expedition, in accordance with law.

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Issue for consideration

Whether a writ of mandamus should issue commanding the respondents to take necessary and prompt action for eviction and removal of the alleged encroachment by opposite party no.6 over the Public Utility Land, Khasra/Gata No.517 (area 0.7400 hectare), recorded as Bheeta in the name of Gaon Sabha, village Sarsawan, Pargana Aldemau, Tehsil Kadipur, District Sultanpur, in compliance with the Tehsildar's order dated 27.10.2023.

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Court's answer

In view of the Standing Counsel's statement that a recall application against the Tehsildar's order dated 27.10.2023 is pending, the writ petition is disposed of commanding the respondent to take final decision with all expedition, in accordance with law.

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Detailed headnote1 paragraphs

PUBLIC INTEREST LITIGATION (PIL) No. 45 of 2025, Amarnath v. State of U.P. Thru. Prin. Secy. Deptt. Of Revenue U.P. Lko. And 5 Others, decided on 23.1.2025 by Hon'ble Pankaj Bhatia, J., High Court of Judicature at Allahabad, Lucknow Bench (Neutral Citation 2025:AHC-LKO:4438). The petitioner sought a writ of mandamus commanding the opposite parties to take necessary and prompt action for eviction and removal of the alleged illegal encroachment by opposite party no.6 over Public Utility Land, Khasra/Gata No.517 (area 0.7400 hectare), recorded as Bheeta in the name of Gaon Sabha, situated in village Sarsawan, Pargana Aldemau, Tehsil Kadipur, District Sultanpur, in compliance with the order dated 27.10.2023 passed by the Tehsildar (Judicial)/Assistant Collector in Case No.1949/2022 (Computerized Case No.T202204680401949, Gaon Sabha Versus Mohd. Rais) under section 67 of the Uttar Pradesh Revenue Code, 2006. The learned Standing Counsel stated, on instructions, that a recall application against the order was pending consideration. In view of that statement, the Court disposed of the petition commanding the respondent to take a final decision with all expedition, in accordance with law. No precedents were cited and no costs or monetary amounts were awarded.

Amarnath v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue U.P. Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

Amarnath v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue U.P. Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Statutes considered

Procedural history

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