Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:61181 Court No. - 85 Case :- WRIT - C No. - 38336 of 2024 Petitioner :- Laxmi Tiwari Respondent :- State Of UP And 5 Others Counsel for Petitioner :- Sanjay Kumar Counsel for Respondent :- C.S.C. Hon'ble Kshitij Shailendra,J.
1. This petition has been filed claiming a writ of mandamus commanding the respondent-Tehsildar to decide representation dated 15.04.2024.
2. Learned Standing Counsel points out that representation is administrative in nature whereas statutory proceedings under Section 67 of U.P. Revenue Code, 2006 (in short 'the Code, 2006') have already been registered and, therefore, no direction can be issued.
3. Learned counsel for the petitioner submits that the said proceeding has been registered only against respondent No.4 whereas respondent Nos.5 and 6 are also encroachers.
4. A careful perusal of record shows that respondent Nos.4 to 6 are real brothers and sons of late Ramdev Mishra. In case Gaon Sabha property has been encroached upon by any one of them and there are statutory proceedings already registered against one of them, neither impleadment of other persons is necessary nor can a separate representation on administrative side can be entertained.
5. No direction, as prayed for, therefore can be issued, however, certainly statutory proceedings under Section 67 of the Code, 2006 should be directed to be decided expeditiously.
6. The writ petition is, accordingly, disposed of directing the concerned court to decide the proceedings of Case No.T202214860203957 registered against respondent No.4- Indradev Mishra within a period of four months from the date a certified copy of this order is filed before the concerned court, strictly in accordance with law. Order Date :- 23.4.2025 Jyotsana Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad