Prem Shankar @ Prem Shankar Yadav vs State Of U.P. And 05 Others
2018 Latest Caselaw 2792 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40 
 

 
Case :- WRIT - C No. - 31741 of 2018
 

 
Petitioner :- Prem Shankar @ Prem Shankar Yadav
 
Respondent :- State Of U.P. And 05 Others
 
Counsel for Petitioner :- Jeet Bahadur Singh,Vinod Kumar Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Bachchoo Lal,J.

A supplementary affidavit has been filed today bringing on record the relevant Khatauni of Plot No. 107 Village-Mishrpur, Tehsil-Meja, District Allahabad.

The Khatauni indicates the name of Lal Bahadur as the recorded tenure holder. Lal Bahadur died and in his place an order has been passed for recording the name of Mahesh Prasad father of the petitioner.

The petitioner is not the recorded tenure holder but he states that since his father is away at Bombay, therefore, when the alleged encroachment was being made, it is the petitioner who has undertaken the exercise of reporting the matter to the administrative as well as the police authorities. It is the case of the petitioner that appropriate inspection has been carried out by the revenue officials and the matter has been reported by the Sub-Divisional Officer to the Station House Officer-Meja to take an appropriate action in the matter.

It is thus evident that an issue of criminal trespass appears to be involved where it is alleged that the respondent nos. 4 to 6 are allegedly forcibly trying to occupy the recorded bhoomidhari in the name of the petitioner's father.

Learned counsel submits that inspite of all this no further action has been taken till date.

The petitioner may implead the Station House Officer-Meja, District-Allahabad as respondent no. 7 during the course of the day on whose behalf also notices have been accepted by the learned Standing Counsel.

The respondent nos. 3 Sub-Divisional Magistrate and the respondent no. 7 Station House Officer-Meja are forthwith directed to serve a notice of the pendency of this writ petition on the respondent nos. 4 to 6 informing them about the same.

They shall further inform the Court as to what appropriate action has been taken, in the event, the contention raised by the petitioner is correct by the next date fixed.

Let the matter come up on 8th October, 2018 by which time the petitioner may also obtain a power of attorney from his father for pursuing the matter before a court of law. Learned Standing Counsel to inform the said respondents forthwith for compliance.

Order Date :- 25.9.2018

S.Chaurasia