Ram Kedar vs State Of U.P. Thru. Prin.Secy. ...
2022 Latest Caselaw 18132 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 813 of 2022
 

 
Petitioner :- Ram Kedar
 
Respondent :- State Of U.P. Thru. Prin.Secy. Deptt. Of Revenue And Others
 
Counsel for Petitioner :- Dilip Kumar Gautam
 
Counsel for Respondent :- C.S.C.,Mohan Singh
 

 
Hon'ble Saurabh Lavania,J.

Heard learned counsel for the petitioner, learned State counsel for the State-respondent Nos. 1 to 4 and Sri Mohan Singh, learned counsel appearing on behalf of respondent No. 5/Gaon Sabha.

The present petition has been filed for the following main reliefs:-

"(i). Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties no.2 to 5 to ensure the release of the Land i.e. Gata No.1170/0.0080 and 1172/0.0350 hectare, recorded as Chakmarg in revenue records situate at Village Khanpur Pilai, Pargana-Aldemau, Tehsil- Kadipur, District-Sultanpur which belong to Gaon Sabha land in favour of Gaon Sabha from illegal possession of opposite parties no. 6 to 9 in the light of judgment and order reported in (2001)6 SCC 496" Hinch Lal Tiwari Vs. Kamla Devi and others."

Learned State counsel has placed a copy of instructions dated 19.11.2022 which bears the signature of Tehsildar Kadipur, District Sultanpur, which is taken on record.

Based upon the instructions, he has stated that after receiving the information regarding encroachment over Gata Nos.1170 & 1172 indicated in the petition, the proceedings under Section 67 of U.P. Revenue Code, 2006, have been initiated against the person(s)/ encroacher(s)concerned bearing Case Nos.T202204680405085 and T2022046804050856 which are pending before the concerned Revenue Court in which the next date fixed is 05.12.2022 and the proceedings would be concluded within statutory period say within a period of 90 days.

In view of aforesaid, the present petition is disposed of with a direction to the Authority concerned to conclude the pending proceedings as aforesaid within the statutory period i.e. 90 days provided under Rule 67 (6) of the U.P. Revenue Code Rules of 2016 read with Section 67 of the U.P. Revenue Code of 2006 strictly as per law from the date of production of certified copy of this order, if there is no other legal impediment in this regard.

Order Date :- 21.11.2022

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