Sheelendra Kumar Upadhyaya Vs State of U.P. and 3… — Writ and Judicial Review | Allahabad HC (2020)

Sheelendra Kumar Upadhyaya Vs State of U.P. and 3… — Writ and Judicial Review | Allahabad HC (2020)

What the court decided

AI extract

Outcome

Direction to the District Magistrate, Aligarh to forward the petitioner's application dated 20.6.2020, treated as a petition under Section 67 of the U.P. Revenue Code, 2006, within three weeks of production of a copy of the order; and direction to the Sub Divisional Magistrate to examine the matter under Section 67 and dispose of it expeditiously per the procedure and time prescribed under the Rules.

Issue for consideration

Whether a writ of mandamus should issue directing respondent nos. 2 and 3 to remove encroachment over Gram Sabha land (specified khasra numbers at village Bhilawali, Tehsil Kol, District Aligarh) by taking action under Section 67 U.P. Revenue Code while considering and deciding the petitioner's application dated 20.6.2020.

Court's answer

The writ petition is disposed of with a direction to the District Magistrate, Aligarh to forward the petitioner's application dated 20.6.2020, treating it as a petition under Section 67 of the U.P. Revenue Code, 2006, within a period of three weeks from production of a copy of the order.

Ratio / Principle

On receipt of the application, the Sub Divisional Magistrate is directed to examine the matter in light of Section 67 of the U.P. Revenue Code, 2006 and dispose of the matter expeditiously as per the procedure prescribed and within the time prescribed under the Rules.

Detailed headnote1 paragraphs

Writ petition under Article 226 of the Constitution by Sheelendra Kumar Upadhyaya seeking mandamus to respondent nos. 2 and 3 to remove encroachment over Gram Sabha land (Khasra Nos. 363, 243(243K), 155(155 Miljumla) and other specified plots at village Bhilawali, Tehsil Kol, Pargana Akrabad, District Aligarh) by action under Section 67 U.P. Revenue Code while deciding his application dated 20.6.2020. Learned standing counsel pointed out the alternative remedy under Section 67 of the U.P. Revenue Code, 2006. The Court (Ajit Kumar, J.) disposed of the petition, directing the District Magistrate, Aligarh to forward the petitioner's application, treated as a petition under Section 67, within three weeks, and directing the Sub Divisional Magistrate to examine and dispose of the matter expeditiously per the procedure and time prescribed under the Rules. Order dated 1.12.2020.

Court No. - 74

Case :- WRIT - C No. - 11698 of 2020 Petitioner :- Sheelendra Kumar Upadhyaya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajendra Prasad Mishra,Surendra Kumar Counsel for Respondent :- C.S.C.,Krishna Kant Singh

Hon'ble Ajit Kumar,J.

Heard Sri R.P. Mishra, learned counsel for the petitioner and the learned standing counsel for the State.

By means of this petition under Article 226 of the Constitution, petitioner has prayed for the following relief no. (i) as substantial relief:-

(i) Issue a writ order or direction in the nature of mandamus commanding / directing the respondent nos. 2 & 3 to remove encroachment over Gram Sabha Arazi Khasra No. 363, 243 (243K) and 155 (155 Miljumla) while taking out Gram Sabha landas from Bhumidhari Arazi No. 229A, 229B and 229C, 193, 219, 200 and 202, 151, 192A and 192B, 265, 362 and 364 situated at village Bhilawali, post Hasona Jagmohanpur, Tehsil - Kol Pargana Akrabad, District Aligarh by taking action under Section 67 U.P. Revenue Code while considering and deciding application dated 20.6.2020 within short stipulated period."

Learned standing counsel has submitted that prayer as has been made in the present writ petition, the alternative remedy is available to him to approach the competent authority under Section 67 of the U.P. Revenue Code, 2006.

From a perusal of the documents as have been brought on record, it transpires that the petitioner has moved an application on 20.6.2020 for immediate action for removal of unauthorised encroachment. The said application has been filed as Annexure 5 to the writ petition.

In view of the above, this writ petition is disposed off with a direction to District Magistrate, Aligarh to forward the application sent to him by the petitioner by registered post to be treated as a petition under Section 67 of the U.P. Revenue Code, 2006, within a period of three weeks from the date of production of a copy of this order.

It is also directed that in the event, the said application is received in the office of the Sub Divisional Magistrate, he shall proceed to examine the matter in light of provision contained under Section 67 of the U.P. Revenue Code, 2006 and shall dispose of the matter quite expeditiously as per procedure prescribed within the time prescribe for under the Rules.

Order Date :- 1.12.2020 Arif