Shyam Ji Mishra vs State Of U.P. Thru. Prin. Secy. ...
2021 Latest Caselaw 4782 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- P.I.L. CIVIL No. - 9215 of 2021
 

 
Petitioner :- Shyam Ji Mishra
 
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. & Ors.
 
Counsel for Petitioner :- Dharmendra Kumar,Atul Chander Dwivedi
 
Counsel for Respondent :- C.S.C.,Mohan Singh
 

 
Hon'ble Chandra Dhari Singh,J.

The petition seeks issuance of a writ in the nature of mandamus directing respondents to ensure the release of Gata No.1980 area 0.024 h., Gata No.1984 area 0.037 and Gata No.1977 area 0.024 h., recorded as Chakmarg in revenue records situate at Village Baraon, Paschimrat, Tahsil Bikapur District Ayodhya which belong to Gaon Sabha land, in favour of Gaon Sabha from illegal possession of opposite party no.6 to 9 in the light of the Judgment and order reported in (2001) 6 SCC 496 HInch Lal Tiwari vs. Kamla Devi and others.

Learned counsel for the petitioner has submitted that the encroachment has been made upon public utility land and even after representation, nothing has been done till date to remove the illegal encroachment.

I have heard learned counsel for the petitioner and perused the record.

Be that as it may, the petitioner is directed to move an application under Section 67 of U.P. Land Revenue Code, 2006 before competent authority within fifteen days from today. Upon receipt of the said application, it is expected that the competent authority shall consider and decide the same within a period of 90 days.

In view of the aforesaid directions, the petition is disposed of.

Order Date :- 26.3.2021

VNP/-