Rajit Ram vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 10858 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 5
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 307 of 2023
 

 
Petitioner :- Rajit Ram
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lko. And 5 Others
 
Counsel for Petitioner :- Sudhir Kumar Misra
 
Counsel for Respondent :- C.S.C.,Mohan Singh
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Sudhir Kumar Misra, learned counsel for the petitioner, Sri Yogesh Kumar Awasthi, learned Standing Counsel for the State.

Notice for opposite party no. 5 / Gaon Sabha has been accepted by Sri Mohan Singh, Advocate.

In view of the proposed order notice to private opposite parties is dispensed with.

By means of this petition the petitioner has prayed following relief :

"issue a writ, order or direction in the nature of mandamus commanding the opposite partitas No. 2 to 5 to ensure the release of Gata No. 578 (recorded as Rasta in revenue record), situate at Village- Alapur, Pargana- Aldemau, Tehsil- Kadipur, District- Sultanpur which belong to Gaon Sabha land in favour of Gaon Sabha in the light judgment and order reported in (2001) 6 SCC 496 "Hinch Lal Tiwari versus Kamla Devi and others."

Learned Standing Counsel has provided the copy of letter dated 11.4.2023 preferred by the Tehsildar, Kadipur, District Sultanpur addressed to Chief Standing Counsel enclosing therewith the comments, same are taken on record.

As per aforesaid instructions after conducting the spot inspection by the team of revenue it is found that there is illegal encroachment over the gata in question, therefore, required exercise u/s 67(1) of the U.P. Revenue Code, 2006 has been undertaken against the illegal encroachers instituting Case no. T202204680401834 wherein the date is fixed for 27.4.2023.

Learned Standing Counsel has further submitted on the basis of instructions that the appropriate orders will be passed within time frame as prescribed u/s 67 and rules thereof.

Having heard learned counsel for the parties and perused the letter dated 11.4.2023, I do not find any good ground to keep this P.I.L. pending any longer.

Accordingly, the instant P.I.L. is disposed of finally at the admission stage directing the competent authority to decide the case still pending u/s 67 of the Code with expedition strictly in accordance with law by affording an opportunity of hearing to the parties concerned within the time frame as stipulated in section 67 of the Code.

.

(Rajesh Singh Chauhan, J.)

Order Date :- 12.4.2023

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