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2025 DAILYLAW 6878 (ALL)

RAMJATAN v. STATE OF U.P. AND 3 OTHERS

WPIL/113/2025 · 2025-02-10

Chandra Kumar Rai

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:19024 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 113 of 2025 Petitioner :- Ramjatan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Datta Tiwari,Yogesh Tiwari Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Chandra Kumar Rai,J. 1. Learned counsel for the petitioner is permitted to implead- Tahsildar, Tashil- Khadda, District- Kushinagar as respondent no.5 in the array of the parties to the writ petition during course of the day. 2. Heard Ms. Supriya Pandey, Advocate holding brief of Mr. Yogesh Tiwari, learned counsel for the petitioner, Mr. Tarun Gaur, learned Standing Counsel for the State-respondents and Mr. Sudhir Bharti, learned counsel for the respondent- Gaon Sabha. 3. The instant petition has been filed for the following reliefs: "i. issue a writ, order or direction in the nature of mandamus commanding or directing the respondent no.3 to decide the application dated 14.11.2024 filed by petitioner before the respondent no.3 within a stipulated period as fixed by this Hon'ble Court. ii. issue a writ, order or direction in the nature of mandamus commanding or directing the respondent no.3 in cited the proceeding under Section 67 of U.P. Revenue Code, 2006 in pursuant of the application dated 14.11.2024 filed by petitioner Gata no.73, 76, 79, 80, 81, 82, 88, 91 situated Village- Hathiya, Tappa Batesara Pargana Sidhua Jobna Tahsil- Khadda District- Kushi within a stipulated period as fixed by this Hon'ble Court." 4. This Court vide order dated 21.1.2025 directed the learned Standing Counsel and Counsel for the respondent- Gaon Sabha to obtain instruction in the matter. 5. In compliance of the order dated 21.1.2025, instruction dated 7.2.2025 sent by the Sub-Divisional Officer is taken on record. 6. Mr. Tarun Gaur, learned Standing Counsel for the State on the basis of instruction submitted that the proceeding under Section 67 of U.P. Revenue Code, 2006 have been registered against the persons who have been found in possession over the same. The particular of the case numbers are as follows: "i. T202505440500488 (Gaon Sabha vs. Jitendra) ii. T202505440500489 (Gaon Sabha vs. Dharmendra) iii. T202505440500490 (Gaon Sabha vs. Amarjeet) iv. T202505440500487 (Gaon Sabha vs. Bhimbali) v. T202505440500484 (Gaon Sabha vs. Pintu) vi. T202505440500485 (Gaon Sabha vs. Harichandra) vii. T202505440500482 (Gaon Sabha vs. Khaderu) viii. T202505440500479 (Gaon Sabha vs. Kishore) ix. T202505440500481 (Gaon Sabha vs. Rajesh) x. T202505440500478 (Gaon Sabha vs. Guddu) xi. T202505440500480 (Gaon Sabha vs. Mahesh) xii. T202505440500483 (Gaon Sabha vs. Yogendra) xiii. T202505440500486 (Gaon Sabha vs.Rajdeo) xiv. T202505440500129 (Gaon Sabha vs. Siri Gosai) xv. T202505440500569 (Gaon Sabha vs. Angad) xvi. T202505440500568 (Gaon Sabha vs. Pornwasi)" 7. Considering the facts mentioned in the instruction 7.2.2025, the instant public interest litigation is finally disposed of directing respondent no.5/ Tahsildar, Tashil- Khadda, District- Kushinagar to decide the aforementioned pending cases, under Section 67 of U.P. Revenue Code, 2006 after affording proper opportunity of hearing to the parties expeditiously. Order Date :- 10.2.2025 Rameez Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad