Arvind Yadav vs State Of U.P. Thru.Secy.Revenue ...
2023 Latest Caselaw 21443 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:52983
 
Court No. - 18
 

 
Case :- WRIT - C No. - 6464 of 2023
 

 
Petitioner :- Arvind Yadav
 
Respondent :- State Of U.P. Thru.Secy.Revenue Lko. And 4 Others
 
Counsel for Petitioner :- Arvind Kumar Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Lavania,J.

Heard.

Present petition has been filed for the following main reliefs:-

"(i) A writ, order or direction in the nature of Mandamus thereby directing the opposite parties to comply the order dated 16.06.2022 passed by Tehsildar, Tehsil-Mankapur, District-Gonda as contained in Annexure No.3 to this writ petition.

(ii) A writ, order or direction in the nature of Mandamus thereby directing the opposite party No.2 to decide the representation dated 24.03.2023, contained in Annexure No.1 to this writ petition."

Taking note of aforesaid as also the averments made in the present petition, learned counsel for the State was directed to seek instructions in the matter.

Today, Sri Hemant Kumar Pandey, learned counsel for the State, on the basis of instructions received, submitted that the on account of pendency of application dated 14.03.2023 for recall of order dated 16.06.2022, which was fixed for 08.08.2023, the proceedings, in terms of the order dated 16.06.2022 passed by the Tehsildar, Tehsil-Mankapur, District-Gonda, under Section 67 of U.P. Revenue Code, 2006 against the petitioner has not been carried out. He further submitted that pending application would be decided expeditiously and thereafter, necessary action would be taken against the petitioner subject to the order passed on the application.

Considering the facts and circumstances of the case, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is consigned to record with liberty to petitioner to approach this Court at appropriate stage.

It is expected from the Tehsildar, Tehsil-Mankapur, District-Gonda that he shall consider the matter strictly in terms of principle settled by this Court in the judgment and order dated 03.08.2023 passed in Writ - C No.6430 of 2023 (Shatrohan vs. State of U.P. & 4 Others) and in the judgment and order dated 05.07.2023 passed in Public Interest Litigation (PIL) No.390 of 2022 (Nanhe Lal Kanaujia vs. State of U.P. And 7 Others).

Order Date :- 9.8.2023

Vinay/-