Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 133025 (ALL)

ARUN KUMAR v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS

WRIC/3501/2025 · 2025-04-11

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:20815 Court No. - 7 Case :- WRIT - C No. - 3501 of 2025 Petitioner :- Arun Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Dinesh Kumar Pandey,Dharam Raj Singh,Govind Kumar,Pramod Kumar Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, learned State Counsel and Shri Mohan Singh, learned counsel for Gaon Sabha. The instant petition has been preferred seeking following main relief(s):- "(i) Issue of a writ order or directions in nature of Mandamus commanding the opposite parties no.1to 4 to forthwith remove the encroachment from the public land bearing Gata no.339 area 0.0890 Hectare and Gata no 340 area 0.1240 Hectare situated in village Pakargaon Pargana Mohanganj and Tehsil Tiloi Distt Amethi done by the opp. party no.6 within the time bound period strictly in compliance of the section 67 of the U.P. Revenue Code 2006 and to remove the encroachment on the said land. (ii) Issue of a writ order or directions in nature of Mandamus commanding the opposite parties no. 4 to proceed and decide the case no T-202204710805927 without any unnecessary delay so that the encroachment can be removed through the agency of the Government." On being asked, learned State Counsel as also Shri Mohan Singh, learned Counsel for Gaon Sabha has stated that the case indicated in this petition, i.e. Case No.T-2022047110805927 (Gram Sabha Vs. Anjani Kumar) and other cases, i.e. Case No.T-202504710806262 (Ramend Vs. Ram Shankar), Case No.T-202504710806261 (Ramend Vs. Ghisiyawan), Case No.T- 20244710810586 (Ramend Vs. Chhotey Lal), Case No.T-202304710806862 (Ramend Vs. Suresh Yadav) and Case No.T-20230410806863 (Ramend Vs. Ram Raj), related to Section 67 of U.P. Land Revenue Code, 2006 (in short 'Code 2006') would be decided most expeditiously. Considering the aforesaid as also the fact that the case(s) in issue relates to Section 67 of U.P. Revenue Code, 2006, and as per Section 67(6) of the Code, the same should preferably be decided within 90 days, however, in the instant case, the proceedings are pending, this Court is of the view that no gainful purpose will be served in keeping the present petition pending. In view of above, the present petition is disposed of with a direction to the respondent No.2 to consider and decide the Case No(s).T-2022047110805927 (Gram Sabha Vs. Anjani Kumar), T-202504710806262 (Ramend Vs. Ram Shankar), T-202504710806261 (Ramend Vs. Ghisiyawan), T-20244710810586 (Ramend Vs. Chhotey Lal), T-202304710806862 (Ramend Vs. Suresh Yadav) and T-20230410806863 (Ramend Vs. Ram Raj) most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party preferably within a period of three months from the next date fixed in the case, if there is no other legal impediment in this regard. It is made clear that the Court has not examined the case of either party 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 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench