Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 132873 (ALL)

SHYAM LAL v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS

A227/2068/2025 · 2025-04-11

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:20612 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2068 of 2025 Petitioner :- Shyam Lal Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Ramesh Kumar Dwivedi,Prashant Dwivedi Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard. In view of the order proposed to be passed by this Court, notice to the private-respondents is dispensed with. The present petition has been filed for the following main relief:- "a. issue order or direction to the opposite party no.3 i.e. Tehsildar, Tehsil-Milkipur, District- Ayodhya to decide the Case No.660/2024, Computerized Case No. T202404230400660, titled as Gaon Sabha V/s Ram Dheeraj, under section 67 (2) of U.P. Revenue Code, 2006, pending before opposite party no.3, relating to Village -Birauli Jham, Pargana-Khandasa, Tehsil-Milkipur, District-Ayodhya within stipulated period as fixed by this Hon'ble court, in the interest of justice. b. issue order or direction to the opposite party no.2 to remove encroachment from Gata No.742, situated at Village Birauli Jham, Pargana-Khandasa, Tehsil-Milkipur, District-Ayodhya, which is recorded as 'Khalihan' in revenue record as per the Khatauni, as contained in Annexure No.3 to this petition." On being asked, learned State Counsel submitted that it appears that due to some reasons, the proceedings in issue, could not be concluded within time as indicated under Section 67(6) of U.P. Revenue Code 2006 read with U.P. Revenue Code Rules 2016, i.e. 90 days and the proceedings would be concluded most expeditiously. Taking note of the aforesaid, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.-3 to consider and decide the pending proceedings of case in issue, detailed in prayer clause, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of three months from the next date fixed in the matter before it, if there is no other legal impediment in this regard. It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 11.4.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench