Sunil Kumar Yadav vs State Of U.P. And 12 Others
2022 Latest Caselaw 9118 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - C No. - 22023 of 2022
 

 
Petitioner :- Sunil Kumar Yadav
 
Respondent :- State Of U.P. And 12 Others
 
Counsel for Petitioner :- Damodar Pandey
 
Counsel for Respondent :- C.S.C.,Sudhir Bharti
 

 
Hon'ble Ajit Kumar,J.

By means of present writ petition, petitioner has prayed for following relief:

"1. issue a writ, order or direction in the nature of mandamus, commanding/directing the respondent no.3 to take action under Section 67 of UP Land Revenue Code, 2006 as well as UP Land Revenue Code, Rules 2016 as decided by Supreme Court in Bholenath & ors vs. State of UP & ors 2006 (7) ADJ 430 as well as in case of Hinch Lal Tiwari vs. Kamla Devi & ors 2001 (6) SCC 496 and in compliance of aforesaid judgments land of the non-agricultural land and bunjar land be keep safe from the illegal possession/construction of the private respondents."

Sri Sudhir Bharti, learned counsel for the Gaon Sabha as well as learned Standing Counsel have raised a preliminary objection regarding maintainability of the writ petition on the ground that petitioner has efficacious alternative remedy to approach revenue court under Section 67 of the U.P. Revenue Code, 2006.

Learned counsel for the petitioner could not dispute the aforesaid legal position.

In view of above, this Court declines to interfere in the matter at this stage with liberty to the petitioner to approach appropriate forum under Section 67 of the U.P. Revenue Code, 2006. It is provided that in the event petitioner approaches the appropriate forum by moving application within a period of four weeks from today, the same shall be considered and disposed by the concerned authority strictly in accordance with law by following the procedure as prescribed for under U.P. Revenue Code, 2006, and the Rules 2016 after affording full opportunity of hearing to all the concerned parties within a further period of two months, strictly in accordance with law.

It is provided that the procedure prescribed for conducting such proceedings, shall be religiously complied with and priority shall be fixed in the order in which such other pending proceedings, if any, have been expedited by this Court in the past and to that extent the directions issued herein above are to be taken as only directory in nature.

With the aforesaid observations and directions, this writ petition stands disposed of.

Order Date :- 3.8.2022

P Kesari