Chandra Bhan Singh v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Revenue , Civil Secrt. Lko. and Others

Allahabad HC16 Jan 2025WRIC/4162/2024

Case brief

AI extract

What is this about?

Writ petition seeking mandamus to allow lifting of purchased teak trees obstructed by authorities. State stated district authorities were not interfering and the dispute was between private parties. Court issued dasti notice to private opposite parties through the Sub Divisional Officer.

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Chandra Bhan Singh vs State of U.P. Thru. Addl. Chief… — Property and Title | Allahabad HC (2025)

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Court No. - 2 Case :- WRIT - C No. - 4162 of 2024 Petitioner :- Chandra Bhan Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Revenue , Civil Secrt. Lko. And Others Counsel for Petitioner :- Karunakar Srivastava,Shiv Sinha

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Counsel for Respondent :- C.S.C.

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Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J.

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On 08.05.2024, this Court had passed the following order :

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"Heard learned counsel for the petitioner and learned Standing Counsel appearing on behalf of the State Respondents.

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

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"Issue a writ, order or directing in the nature of Mandamus commanding the opposite party no.2 to 3 allow the petitioner to lift/ transit the 25 purchased cut Sagaun trees, which are lying from June 2021 over the field of gata no.438 situated at Village- Benipur, Tehsil- Mankapur, DistrictGonda.

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Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.3 i.e. Sub Divisional Officer, Tehsil Mankapur, District Gonda not to create any hindrance to lift the 25 cut trees of Sagaun, which are lying from June 2021 over the field of gata no.438."

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It is the case of the petitioner that respondent no.4 had been granted a permit on 16.05.2021 to cut down Sagaun trees which he has planted on his own land, and the petitioner had been given the said permit for cutting down the trees on 18.06.2021, however respondents are creating obstruction in the performance of the said contract.

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Learned Standing Counsel shall seek instructions in the matter.

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List this case in the next week as fresh."

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Today, the Standing Counsel has written instructions from the Sub Divisional Magistrate to inform the Court that the Sub Divisional Magistrate or any other District Authority is not interfering in the matter. In fact, the dispute is between the petitioner and the private opposite parties. Instructions refers to some dispute pending in the civil court without details thereof.

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Let dasti notice be issued to the petitioner for service upon opposite party nos.4 to 6 through the O.P. no. 3

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meaning thereby, the petitioner shall serve the notice upon the O.P. no. 3, who in turn shall get it served upon O.P. Nos. 4 to 6 and submit proof of service along with an affidavit before this court.

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The private opposite parties will file their response thereafter to the writ petition before the next date.

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List this case on 13.02.2025.

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Order Date :- 16.1.2025 Pks

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[Brij Raj Singh,J.] [Rajan Roy, J.]

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

Chandra Bhan Singh v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Revenue , Civil Secrt. Lko. and Others

Case brief

What is this about?

A compact analysis

Chandra Bhan Singh v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Revenue , Civil Secrt. Lko. and Others

Case brief

What is this about?

A compact analysis

Parties & counsel

Coram

Case details

All orders in this case

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