The court disposed of the petition seeking removal of encroachment since proceedings under Section 67(1) of the U.P. Revenue Code were already initiated and the matter is sub judice.
No relief; petition disposed of as matter is sub judice.
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Court No. - 20
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 933 of 2022
Petitioner :- Tribhuwan Kori And Another Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 6 Others
Counsel for Petitioner :- Ram Milan Yadav,Om Prakash Yadav Counsel for Respondent :- C.S.C.,Mohan Singh
Hon'ble Manish Kumar,J.
Learned counsel for the petitioner has submitted that the present writ petition has been preferred for issuing direction to the opposite parties to remove the encroachment made by opposite party nos. 4 to 6 upon khasra no. 753 kh which is entered as khal nikalney ka sthan situated at village Cheeda, Pargana Asal, Tehsil Amethi, District Amethi.
On the other hand, learned standing counsel on the basis of instructions dated 21.12.2022 received from Tehsildar, Amethi (which is taken on record) has submitted that after the inspection, the encroachment of Kewla Devi, Raj Kumar, Raj Kumari and Bajrangi have been found on Gata No. 753 (kh) and against them the proceedings under Section 67(1) of the Uttar Pradesh Revenue Code, 2006 (hereinafter referred to as 'the Code, 2006') have been initiated by registering a case before the Tehsildar (Nyayik), Amethi and the next date fixed is 31.12.2022.
Considering the aforesaid and the fact that the proceedings under Section 67(1) of the Code, 2006 have already been initiated against the encroachers and the matter is sub judice before the competent court, no fruitful purpose would be served to keep this case pending before this Court, thus, the present writ petition is disposed of finally.
It is expected that the case under Section 67 (1) of the Code, 2006 be decided expeditiously as per the mandate provided under the Rule 67(6) of the U.P. Revenue Code Rules, 2016.
Order Date :- 22.12.2022 Nitesh
Digitally signed by NITESH KUMAR TEWARY Date: 2022.12.22 16:38:47 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether to issue a direction to remove encroachment on land when proceedings have already been initiated.
How to dispose of the writ petition given that the matter is sub judice before the competent court.
2 provisions across 2 enactments
Tribhuwan Kori And Another
State Of U.P.
Manish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
