Brij Kishore Tiwari vs State Of U.P. Thru. Prin. Secy. Law ...
2023 Latest Caselaw 1045 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 21
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 22336 of 2019
 

 
Petitioner :- Brij Kishore Tiwari
 
Respondent :- State Of U.P. Thru. Prin. Secy. Law Lucknow And Ors.
 
Counsel for Petitioner :- Himanshu Raghave
 
Counsel for Respondent :- C.S.C.,Yogendra Nath Yadav
 

 
Hon'ble Jaspreet Singh,J.

List of cases is being revised.

Sri Aditya Vikram Shahi, Advocate holding brief of Sri Himanshu Raghave, learned counsel for the petitioner. Sri A.S. Tiwari, learned Standing Counsel for the State-respondent as well as Sri Dilip Kumar Pandey, learned counsel for the Gaon Sabha.

The petitioner has approached this Court with the limited prayer that a file pertaining to Case No. 91(2012-13) under Section 176 of the U.P.Z.A. & L.R. Act relating to Village Acchai, Pargana Samraut, Tehsil Maharajganj, District Raebareli be traced and resotored in the office.

The record further indicates that the Court had required the learned Standing Counsel to seek instructions and as per written instructions under the signatures of SDM, Maharajganj dated 03.01.2022, a copy of which has been provided to the Court for perusal which is taken on record indicates that in pursuance of the judgment rendered under Section 176 of the U.P.Z.A. & L.R. Act, appropriate proceedings have been undertaken by the Tehsil Authorities and on 28.12.2021, a revenue team was constituted which visited the site on 01.01.2022 and thereafter removing the persons in illegal possession, the land was set free from the encroachers and after making the necessary demarcations and boundaries, the compliance of the judgment has been adhered.

The learned counsel for the petitioner dispute the aforesaid facts and further submits that he may seek complete instructions and shall file an affidavit in this regard.

List this matter on 16.01.2023.

Order Date :- 10.1.2023

Asheesh