Disposed

Indra Pratap Singh v. Tehsildar, Tehsil-Kunda, Pratapgarh and Others

Allahabad HC1 May 2025WRIC/4095/2025

Case brief

AI extract

What is this about?

Writ petition seeking mandamus for compliance of revenue orders removing encroachment. The High Court directed the Tehsildar to decide the pending execution application within three months without unnecessary adjournment, leaving merits untouched.

What did the court decide?

Direction to opposite party no.1/Tehsildar to decide the pending execution application within three months.

Indra Pratap Singh Vs Tehsildar, Tehsil-Kunda… — Property and Title | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:24974

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Court No. - 7 Case :- WRIT - C No. - 4095 of 2025 Petitioner :- Indra Pratap Singh Respondent :- Tehsildar, Tehsil-Kunda, Pratapgarh And Others Counsel for Petitioner :- Rakesh Kumar Yadav,Hema Singh Counsel for Respondent :- C.S.C.,Pankaj Gupta

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Hon'ble Saurabh Lavania,J.

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Heard learned Counsel for the parties.

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In view of order proposed to be passed, issuance of notice to the privaterespondent(s) is hereby dispensed with.

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The present petition has been filed for the following main relief:-

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"1. To issue writ, order or direction in nature of mandamus commanding and directing the opposite party No. 1to compliance of an order dated 12.12.2024 passed by Tehsildar, Tehsil- Kunda, District- Pratapgarh of Execution Application under Rule 460 of Uttar Pradesh Revenue Code, 2006, to ensure strict compliance of the Order dated 17.10.2022 issued by the Assistant Collector/Tehsildar, Tehsil-Kunda, District-Pratapgarh.

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2. 1. To issue writ, order or direction in nature of mandamus commanding and directing the opposite party No. 2 &3 to remove the encroachment as per law and recover the expenses and penalties from the encroacher."

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Taking note of the facts of the case including the earlier order dated 28.03.2022 passed in Writ-C No. 1494/2022 (Indra Pratap Singh Versus State of U.P. and Others) as also the fact that proceedings initiated under Section 67 of U.P. Revenue Code 2006 (in short 'Code of 2006') have been concluded by Assistant Collector/Tehsildar, Tehsil-Kunda, District-Pratapgarh, vide order dated 17.10.2022 and thereafter the petitioner preferred an application in terms of paragraph 460 of U.P. Revenue Court Manual on 16.11.2023 and the same is pending till date, the present petition is disposed of with direction to opposite party no.1/Tehsildar, Tehsil-Kunda, District-Pratapgarh, to consider and decide the pending application in issue, detailed above, most expeditiously, as per law, without granting any unnecessary adjournment, preferably within a period of three months from the next date fixed before it, if there is no other legal impediment in this regard.

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It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law.

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With the aforesaid, the petition is disposed of.

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Order Date :- 1.5.2025 Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Indra Pratap Singh v. Tehsildar, Tehsil-Kunda, Pratapgarh and Others

Case brief

What is this about?

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Indra Pratap Singh v. Tehsildar, Tehsil-Kunda, Pratapgarh and Others

Case brief

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What did the court decide?

What the court decided

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