RAJDEV v. SUB DIVISIONAL MAGISTRATE, TEHSIL RANIGANJ, PRATAPGARH AND ANOTHER
WRIC/10821/2024 · 2025-01-23
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169797 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169797 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:4624 Court No. - 8 Case :- WRIT - C No. - 10821 of 2024 Petitioner :- Rajdev Respondent :- Sub Divisional Magistrate, Tehsil Raniganj, Pratapgarh And Another Counsel for Petitioner :- Dinesh Kumar Pushpakar Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J.
1. Heard the learned counsel for the petitioner and the learned Standing Counsel for the State- respondents. 2. By means of the instant petition, the petitioner prays for the following relief:- (i) Issue a writ, order of direction in the nature of mandamus commanding the respondents to issue necessary direction to find out the record/file of the Case No.T-202002570501754 (Gaon Sabha vs. Revenue Code, 2000, pending before the learned Tehsildar, Tehsil Raniganj, District Pratapgarh. 3. From the perusal of the record, it appears that the petitioner had earlier filed Writ-C No.8388 of 2023 wherein a Co-ordinate Bench of this Court by means of order dated 04.10.2023 had noticed that the issue raised by the petitioner relates to encroachment of public utility land and the State Authority has ample powers under Section 67 of the Code of 2006 to proceed with the matter. 4. In the instant petition, the petitioner prays that some order be passed regarding tracing out the file and its expedient disposal. A specific query was put to the petitioner as to whether he is a party to the proceedings under Section 67 of the Code 2006, to which he candidly submitted that though he is not a party but the said proceedings were initiated at the behest of the petitioner who had filed the earlier petition as mentioned above. 5. In light of the admitted fact that the petitioner is not a party, hence he does not have the locus to
maintain the petition to seek expedition of the proceedings or trace out the file where the petitioner is not a party. Though he may be the complainant but the fact remains that the moment the proceedings have been launched under Section 67 of the Code 2006, the petitioner does not have any further locus. 6. This Court further finds that in the instant petition, the petitioner has not even the impleaded Rakesh Bahadur who was the person against whom the proceedings under Section 67 of the Code 2006 has been initiated. 7.
Learned Standing Counsel on the basis of the written instructions dated 07.01.2025 has submitted that the proceedings under section 67 of the Code 2006 are under way wherein the next date is 28.01.2025 and the same shall be decided expeditiously. 8. In light of the said written instructions under the signatures of the Sub Divisional Magistrate, Raniganj, District Pratapgarh, this Court does not deem appropriate to pass any order as the concerned Authority of the petitioner already stands redressed. 9. Accordingly, the petition is dismissed. Order Date :- 23.1.2025 ank Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench