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2025 DAILYLAW 7905 (ALL)

JAI PRAKASH v. STATE OF U.P. AND 4 OTHERS

WPIL/396/2025 · 2025-02-23

Chandra Kumar Rai

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:25958 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 396 of 2025 Petitioner :- Jai Prakash Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dheeraj Kumar Yadav Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard learned counsel for the petitioner and Mr. Mridul Kumar, learned Standing Counsel for the State-respondents. 2. The instant petition has been filed for the following reliefs: "i. issue a writ, order or direction in the nature of mandamus commanding and directing the respondents authorities to remove the illegal and unauthorized encroachment from the private respondents on the public utility land of Gata No.1140Kha area 0.0530 Hectare, situated at revenue Village- Aura, Pargana- Gadwara, Tahsil-Machhalishahar, District- Jaunpur, which is recorded in the revenue record as Bheeta in the interest of public at large. ii. issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the Case No.5038 of 2022 (Computer case no.T202214360305038 (Reprt Lekhpal vs. Om Prakash Ram Prakash), under Section 67 of U.P. Revenue Code, 2006 within stipulated time period as fixed by this Hon'ble Court." 3. Learned counsel for the petitioner submitted that the proceeding under Section 67 of U.P. Revenue Code, 2006 is pending before respondent no.2, as such, direction be issued for expeditious disposal of the proceeding within time bound period. He further submitted that the copy of order sheet of the case has been annexed as Annexure No.4 to the petition in order to demonstrate that the case is not proceeding expeditiously. 4. Without expressing any opinion on merits of the case and keeping in view of the facts and circumstances, respondent no.2 / Tahsildar / Assistant Collector, Tahsil- Machhalishahar, District- Jaunpur is directed to decide the aforementioned Case No.5038 of 2022, Computerized Case No.T202214360305038 (Report Lekhpal vs. Om Prakash Ram Prakash), under Section 67 of U.P. Revenue Code, 2006 on merits after giving an opportunity of hearing to the parties in accordance with law expeditiously. 5. Accordingly, the writ petition is finally disposed of. Order Date :- 24.2.2025 Rameez Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad