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2025 DAILYLAW 17024 (ALL)

MOTI LAL YADAV v. STATE OF U.P. AND 19 OTHERS

WPIL/303/2025 · 2025-03-11

Chandra Kumar Rai

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:36603 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 303 of 2025 Petitioner :- Moti Lal Yadav Respondent :- State Of U.P. And 19 Others Counsel for Petitioner :- Vimal Chandra,Virendra Kumar Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Chandra Kumar Rai,J. 1. Heard learned counsel for the petitioner, Mr. Rameshwar Prasad Shukla, learned counsel for respondent- Land Management Committee and Mr. Hari Om Singh, learned Standing Counsel for State respondents. 2. The instant petition has been filed for the following reliefs:- "(i) To issue a writ, order or direction in the nature of mandamus directing the respondents authorities to evict the respondent nos. 6 to 20 from the gata No. 146 area about 1.0110 hectare situated at Village Kharkauli (Nizamabad) Tehsil Nizamabad, District Azamgarh recorded as Road. (ii) To issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the representation of petitioner dated 7.12.2024 within stipulated time as directed by this Hon'ble Court." 3. This Court vide order dated 13.2.2025 directed the learned counsel for State as well as Land Management Committee to obtain instruction in the matter. 4. In compliance of the order of this Court, instruction dated 3.3.2025 sent by Sub Divisional Officer, Nizamabad Azamgarh is taken on record. 5. Mr. Hari Om Singh, learned Standing Counsel for the State respondents on the basis of the instruction submitted that plot No. 146 is recorded as road in the revenue record. He further submitted that inspection/ demarcation was made by the revenue team and it has been found that road is functioning over part of the area over plot No. 146 and part of the area is in possession of certain persons accordingly cases under Section 67 of U.P. Revenue Code, 2006 have been registered and next date fixed in the proceeding is 25.3.2025. He further submitted that after disposal of the aforementioned cases proper action shall be taken by the authorities. 6. Counsel for the petitioner submitted that appropriate direction be issued for expeditious disposal of aforementioned case under Section 67 (1) of U.P. Revenue Code, 2006 within time bound period. 7. I have considered the arguments advanced by learned counsel for the parties and perused the records. 8. There is no dispute about the fact that 15 cases have been registered under Section 67 (1) of U.P. Revenue Code, 2006. The particular of the cases registered are as under:- "(i) T202515060201700 (ii) T202515060201701 (iii) T202515060201703 (iv) T202515060201704 (v) T202515060201708 (vi) T202515060201709 (vii) T202515060201710 (viii) T202515060201711 (ix) T202515060201712 (x) T202515060201713 (xi) T202515060201714 (xii) T202515060201715 (xiii) T202515060201718 (xiv) T202515060201720 (xv) T202515060201722 9. Considering the entire facts and circumstances, the instant public interest litigation is finally disposed of directing the respondent no.4, Tehsildar, Tehsil Nizamabad District Azamgarh to decide the aforementioned cases under Section 67 (1) of U.P. Revenue Code, 2006 expeditiously after affording proper opportunity of hearing to the parties. Order Date :- 12.3.2025 Vandana Y. Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad