Surendra Kumar Yadav vs State Of U.P. Thru. Its Prin. ...
2022 Latest Caselaw 4776 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 313 of 2022
 

 
Petitioner :- Surendra Kumar Yadav
 
Respondent :- State Of U.P. Thru. Its Prin. Secy./Addl. Chief Secy. Revenue,Lko. And 9 Others
 
Counsel for Petitioner :- Anand Kumar
 
Counsel for Respondent :- C.S.C.,Mohan Singh
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the petitioner, Sri Shailendra Kumar Singh, learned Chief Standing Counsel-III assisted by Sri Y.K.Awasthi, learned Standing Counsel for the State and perused the record.

The instant writ petition has been filed with the following relief:-

"(i) To issue a writ, order or direction in the nature of Mandamus commanding the opposite parties particularity the opposite party no. 1 to 5 to take necessary action against the opposite party no. 6 to 10 on the representation of the petitioner for making encroachment over the Gaon Sabha land gata No. 205/0.0090 hect. recorded as Banjar in the revenue record of Village Domanpur, Pargana Barausa, Tehsil Jaysinghpur, District Sultanpur and also restore the Gaon Sabha land in its original form in the light of the judgment and order passed by the Hon'ble Apex Court in the case of Jagpal Singh and others versus State of Punjab and others, reported in AIR 2011 SC 1123, and Hinch Lal Tiwari versus Kamla Devi and others reported in AIR 2001 SC 3215 as well as order dated 06.12.2012 passed by this Hon'ble Court in PIL No. 63380 of 2012, Prem Singh vs. State of U.P. and others."

Learned counsel for the respondent no. 6 to 10 has encroached the gao sabha land Gata no. 205/0-0090 hect. Village Domanpur, Pragana Barausa, Tehsil Jaysinghpur, District Sultanpur. He submits that they are still having the illegal encroachment over the land in question. He submits that several letter and reminders were sent but nothing has been done yet.

On the other hand learned counsel for the State submits that case bearing no. T202204680701497 is pending before the respondent no. 4 and the date for hearing was fixed at 27.05.2022.

In view of the above submissions, the respondent no. 4 i.e., Tehsildar, Tehsil Jaysinghpur, District Sultanpur, is hereby directed to consider and decide the Suit No. T202204680701497, under Section 67(1) of U.P. Revenue Code, 2006, within a period of four months from the date of certified copy of this order produced before him.

With the aforesaid observation, the writ petition is disposed of.

Order Date :- 31.5.2022

Ujjawal