Bajrang vs State Of U.P. Thru. Collector ...
2022 Latest Caselaw 4824 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

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Court No. - 17
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 326 of 2022
 

 
Petitioner :- Bajrang
 
Respondent :- State Of U.P. Thru. Collector /District Magistrate Ayodhya And 4 Others
 
Counsel for Petitioner :- Ajay Kumar Pandey
 
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) Issue a writ, order or direction in the nature of mandamus commanding and thereby directing to the opposite party no. 2 to 4 to remove the illegal encroachment made by the opposite party no. 5 over the land Gata No. 846/0.348 hect. recorded as "Talab" in the revenue record in the Village-Para Pahadpur, Pargana and Tehsil-Rudauli, District Ayodhya in the light of judgment and order passed in AIR 2021 SC 3215 Hinch Lal Tiwari vs. Kamla Devi and others."

Learned counsel for the petitioner submits that respondent no. 5 has encroached the land bearing no. 846/0.348 hect. recorded as talab/pond in the revenue record in village Para Pahadpur, Pargana. He submits that aforesaid land has illegally been encroached by the aforesaid respondent and even after several letter and reminders were sent to the State authorities but encroachment has still not been removed.

On the other hand, learned Standing Counsel for the State on the basis of instruction submits that a suit bearing no. T202204230701700 and T202204230701701 are pending under Section 67 (1) of the U.P. Revenue Code, 2006, before the Tehsildar Judicial and the date for hearing was fixed at 07.06.2022.

In view of the above submissions, the respondent no. 3 i.e., Tehsildar/ Assistant Collector, Tehsil Rudauli, District Ayodhya, is hereby directed to consider and decide the Suit No. T202204230701700 and T202204230701701, under Section 67 (1) of the 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