JALIL v. SUB DIVISIONAL OFFICER, TEHSIL BHINGA, SHRAWASTI AND 5 OTHERS
A227/5913/2025 · 2025-09-26
Alok Mathur
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 167417 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167417 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5913 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J.
1. Heard Shri Vimal Kishor Singh, learned counsel appearing for the petitioner as well as learned Standing Counsel on behalf of the State respondent no.1. 2. In light of the order proposed, notice to private respondents is dispensed with. 3. By means of the present writ petition, the petitioner has sought direction to decide the Case No.5859 of 2025, Computerized Case No.T202508620105859, "Jalil vs. Samiulla @ Baur and others" under Section 67(a) of U.P. Revenue Code, 2006, which is pending since 31.12.2024/24.02.2025, expeditiously. 4. It has been submitted that proceedings were initiated against the private respondents under Section 67 of the UP Revenue Code, and he was found to have illegally encroached upon the Gaon Sabha land situated at Ghata 465M, area 0.024 hectare, Village Maksrihva, Pargana & Tehsil Bhinga, District Shravasti, which is recorded in the revenue records in Category 6- 1 (Pani ke Khate) by means of an order dated 09.05.2024, orders for eviction and imposition of a penalty were passed. When the said order was not complied with, the petitioner has approached this court, seeking a direction for execution of the said order, and accordingly, by means of an order dated 04.12.2024, passed in Public Interest Litigation (PIL) No. Versus Counsel for Petitioner(s) : Vimal Kishor Singh, Premkant, Wazhul Qamar Counsel for Respondent(s) : C.S.C., Pankaj Gupta Jalil .....Petitioner(s) Sub Divisional Officer, Tehsil Bhinga, Shrawasti And 5 Others .....Respondent(s)
1052 of 2024, the the petition has been disposed of, granting liberty to the petitioner to move an application under Section 460 of the U.P. Revenue Manual, if so advised in accordance with law. 5. It seems that subsequently, the private respondents have asserted their claim to the disputed land under Section 67A of the UP Revenue Code, of which expedition is sought. 6. It is noticed that neither is the petitioner a complainant, nor is a party to the proceedings under Section 67A, and therefore, we find that he does not have any locus to participate in the proceeding under Section 67 or under section 67A of the UP Revenue Code. This Court had also previously granted liberty to the petitioner only in accordance with law. . 7.
It is noticed that the petitioner is not a party to the said proceedings, hence, no direction for expedition can be passed. 8. In light of the above, the petition being devoid of merits, is dismissed. September 26, 2025 KR A227 No. 5913 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench