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Neutral Citation No. - 2025:AHC:20323 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 18 of 2025 Petitioner :- Suraman Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kalp Nath Rai Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Chandra Kumar Rai,J.
1. Heard Sri Kalp Nath Rai, learned counsel for the petitioner, Sri Nand Lal Maurya, learned standing counsel for the state-respondents, Sri Bhupendra Kumar Tripathi,
learned counsel for the respondent-gaon sabha and Sri Rakesh Singh, Advocate who has filed impleadment application today in the Court on behalf of one Mohit Ram and Ramadhar. 2. The instant writ petition has been filed for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus, commanding the respondents to vacate/release the plot no.354, area 0.0540 hect. (registered as pond/garhai), plot no.355, area 0.0960 hect. (registered as khalihan), plot no.371, area 0.1110 hect. (registered as nali), plot no.356, area 0.1390 hect. (registered as navin parti), plot no.357, area 0.0330 hect. (registered as navin parti), situated in gram sabha Gathiya, Tehsil Kasimabad, Pargana Mohammadabad, District Ghazipur to the illegal possession holders. (ii) Issue a writ, order or direction in the nature of mandamus, commanding the respondents to release in favour of the gram sabha and villagers of plot no.354, area 0.0540 hect. (registered as pond/garhai), plot no.355, area 0.0960 hect. (registered as khalihan), plot no.371, area 0.1110 hect. (registered as nali), plot no.356, area 0.1390 hect. (registered as navin parti), plot no.357, area 0.0330 hect. (registered as navin parti), situated in gram sabha Gathiya, Tehsil Kasimabad, Pargana Mohammadabad, District Ghazipur."
3. In compliance of the order of this Court dated 22.1.2025, instruction dated 12.2.2025, sent by the S.D.O., Kasimabad, Ghazipur is taken on record. 4. Learned standing counsel on the basis of the instruction submitted that in respect to the plots in question, inspection
was conducted by the revenue team, constituted for the purpose and on the basis of the inspection conducted by the authorities, 25 cases under Section 67 of the U.P. Revenue Code, 2006 have been registered against the persons who have been found in illegal possession of the plot in question. The particulars of the cases registered under Section 67 of the U.P. Revenue Code, 2006 is as under:-
"T202514291101236, T202514291101238, T202514291101239, T202514291101240,
T202514291101241,
T202514291101242, T202514291101243,
T202514291101244,
T202514291101245, T202514291101246,
T202514291101248,
T202514291101249, T202514291101250,
T202514291101251,
T202514291101252, T202514291101253,
T202514291101254,
T20251429110125, T202514291101256,
T202514291101257,
T202514291101258, T202514291101259, T202514291101260, T202514291101261, T202514291101262."
5. Counsel for the petitioner submitted that appropriate direction be issued for the expeditious disposal of the cases registered under Section 67 of the U.P. Revenue Code, 2006 within time-bound period. 6. Mr. Rakesh Singh, learned counsel who has applied for impleadment, submitted that proceeding under Section 67 of the U.P. Revenue code, 2006 cannot be initiated against Mohit Ram and Ram Adhar. 7.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the instant P.I.L. is disposed of with the direction to respondent no.4/Tehsildar, Kasimabad, Ghazipur to decide the aforesaid 25 cases registered under Section 67 of the U.P. Revenue Code, 2006, expeditiously, after affording proper opportunity of hearing to the parties concerned, in accordance with law.
Order Date :- 13.2.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad