High Court dispelled a writ petition seeking a mandamus direction to the Tehsildar to expedite a decision on removal of encroachment under Section 26 of U.P. Revenue Code, 2006.
Relief granted to the petitioner to expedite the decision on removal of encroachment within four months.
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Court No. - 42 Case :- WRIT - C No. - 9610 of 2021 Petitioner :- Ram Sanehi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kamalendra Kumar Maurya Counsel for Respondent :- C.S.C.,Avinash Chandra Srivastava
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri K.K.Maurya, learned counsel for the petitioner and learned standing counsel for the respondents no.1 to 3.
Sri A.C. Srivastava, learned counsel has put in appearance on behalf of respondent no.5.
Notice need not be sent to respondents no.4.
This writ petition has been filed with the following prayer:-
"1. a writ, order or direction in the nature of mandamus directing the respondent no. 3 to take final decision in the matter for removal of encroachment from the plot no. 227 of Village Village-Mudiyapura, Pargana & Tehsil- Bah, DistrictAgra, within an stipulated period fixed by this Hon'ble Court."
From the record it transpires that an application under Section 26 of U.P. Revenue Code, 2006 has been made by the petitioner for removal of encroachment from the chak marg which is pending consideration before the respondent no.3. The sole prayer of the petitioner is that the said application may be decided early.
Learned standing counsel does not oppose the limited prayer so made by the petitioner.
As no useful purpose would be served in keeping the matter pending and calling for counter affidavit, the respondent no.3, Tehsildar/ Sub Divisional Officer, Tehsil Bah, District Agra is directed to expeditiously take a decision in the matter for removal of encroachment from the plot no.227 of Village Village-Mudiyapura, Pargana & Tehsil- Bah, District-Agra preferably within next four months from the date of production of a copy of this order downloaded from the website of the High Court strictly in accordance with law after hearing the affected parties.
The writ petition stands disposed of.
Order Date :- 2.7.2021/Asha
1 issue framed by the court
Whether the envelope was in the possession of the trustee.
1 provisions across 1 enactments
Ram Sanehi
State Of U.P.
Respondent No. 3
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
