Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 10314 (ALL)

RAMESH CHAND v. STATE OF U.P. AND 4 OTHERS

WPIL/144/2025 · 2025-02-13

Chandra Kumar Rai

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:20431 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 144 of 2025 Petitioner :- Ramesh Chand Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prashant Kumar Singh Counsel for Respondent :- C.S.C.,Krishna Kant Singh Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Prashant Kumar Singh, learned counsel for the petitioner, Mr. Shashi Kant Kushwaha, learned Standing Counsel for the State- respondents and Mr. Krishna Kant Singh, learned counsel for the respondent- Gaon Sabha. 2. The instant public interest litigation has been filed for the following relief: " to issue a writ, order or direction in the nature of mandamus directing the authorities concerned to decide the representation dated 13.1.2025 of the petitioner (filed as Annexure No.4 to this writ petition)" and remove the illegal encroachment from the Gata No.196/0.0160 hectare situated in Village / Mauza- Jarani Khurd Kala, Tahsil- Jalesar, District- Etah marked as Manure Pit (Khaad ka Gaddha) within the shortest time stipulated by this Hon'ble Court in the interest of justice as well as public at large." 3. This Court on 22.1.2025 directed the learned Standing Counsel for the State and learned counsel for the gaon sabha to obtain instruction in the matter. 4. In compliance of the order of this Court, instruction sent by Sub- Divisional Officer, Jalesar, Etah is taken on record. 5. Learned Standing Counsel and Counsel for the gaon sabha on the basis of instruction submitted that the plot no.196 area 0.0160 hectare is recorded as khad ke Gaddhe in the revenue records. They further submitted that the demarcation / inspection of the plot in question was conducted by the revenue team constituted for the purpose and it has been found that one Pramod Kumar son of Durgpal was found in possession over the area 0.0160 hectare of plot no.196, accordingly, proceeding under Section 67 of U.P. Revenue Code, 2006 has been registered against Promod Kumar son of Durgpal as Case No.T202518210300904 (Gaon Sabha vs Pramod Kumar) and next date fixed in the proceeding is 28.2.2025. They further submitted that after disposal of the aforementioned case under Section 67 of U.P. Revenue Code, 2006, the appropriate action shall be taken by the authorities. 6. Learned counsel for the petitioner submitted that appropriate direction be issued for expeditious disposal of the aforementioned case within time bound period. 7. I have considered the argument advanced by learned counsel for the parties and perused the records. 8. There is no dispute about the fact that the proceeding under Section 67 of U.P. Revenue Code, 2006 has been registered against Promod Kumar son of Durgpal as Case No.T202518210300904 (Gaon Sabha vs Pramod Kumar) before respondent no.4/ Tahsildar, Jalesar, District- Etah. 9. Considering the facts and circumstances of the case, the instant petition is finally disposed of directing the respondent no.4/ Tahsildar, Jalesar, District- Etah to decide the Case No.T202518210300904 (Gaon Sabha vs Pramod Kumar), under Section 67 of U.P. Revenue Code, 2006 expeditiously after affording proper opportunity of hearing to the parties. Order Date :- 13.2.2025 Rameez Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad