Petitioner filed writ petition directing authorities to institute proceeding under Section 67 of U.P. Revenue Code 2006 for trespass on land. Court directed respondent to decide pending application within three months.
Directed respondent no.4 to decide pending application under Section 67 of U.P. Revenue Code 2006 within three months.
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Court No. - 75
Case :- WRIT - C No. - 23335 of 2020
Petitioner :- Amar Nath Kesarwani Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Indra Sen Singh,Vinod Kumar Singh Counsel for Respondent :- C.S.C.,Sunil Kumar Singh
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioner, Sri R.D. Misrha, learned Advocate, holding brief of Sri Sunil Kumar Singh, learned counsel for the Gaon Sabha and learned Standing Counsel for the State-respondents.
By means of this writ petition, petitioner has prayed for the following reliefs:-
i) Issue a writ, order or direction in the nature of mandamus directing the District Magistrate Prayagraj, The Sub-Divsional Officer, Tehsil Sadar, District Prayagraj and Tehsildar, Tehsil Sadar,, District Prayagraj to institute and initiate judicial proceeding under Section 67 of the U.P. Revenue Code for trespassing over the Gram Sabha Land Plot No. 869, Chakroad and Plot No. 383, 839, Banjar situated in village Asravey Kalan, Tehsil Sadar, District Allahabad and to evict them in accordance with law after taking evidence of the Petitioner Complainant and other also.
Learned counsel for the petitioner submits that land-in-disptue i.e. plot No. 869 situated in Village Asrave Kala is recorded as Chakorad and plots Nos. 838 and 839 is recorded as Banjar and the respondent nos. 6 to 9 have illgeally encroached over the aforesaid land in part over the area measuring 4 Latha or 36 Feet. In this regard petitioner has moved an application under Section 67 of the U.P. Revenue Code 2006, before the respondent authorities but the respondent authorities are not entertaining the aforesaid application but till date no action has been taken in this regard. The sole grievance of the petitioner is that his application under Section 67 of the U.P. Revenue Code 2006 may be directed to decide expeditiously in accordance with law.
Learned Standing Counsel as well as learned counsel for the Gaon Sabha do not dispute the aforesaid contention and states that in case the said application under Section 67 of U.P. Revenue Code, 2006 is still pending, the same shall be considered and disposed off in accordance with law.
Having considered the facts and circumstances of the case, but without prejudice to the merits of the case, the writ petition is finally disposed off with direction to the respondent no.4, to
consider and decide the application under Section 67 of the U.P. Revenue Code 2006 of the petitioner pending before it, in accordance with law within a period of three months from the date of production of copy of this order.
From the above, the writ petition is disposed of.
Order Date :- 17.12.2020 Sachin
1 issue framed by the court
Whether the writ petition me deserve direction to dispose application under Section 67 of U.P. Revenue Code 2006 expeditiously.
1 provisions across 1 enactments
Amar Nath Kesarwani
State Of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
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