Petitioner sought removal of illegal encroachments pending appeal. Court disposed of presence, directing Revenue Officer to decide impleadment application and appeal expeditively without merits.
Direction to Respondent No. 2 to decide impleadment application and appeal within one month.
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Court No. - 20
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 935 of 2022
Petitioner :- Mahavir Prasad Tiwari @ Mahavir Respondent :- State Of U.P. Thru. Its Prin Secy. Revenue Deptt. Lko. And 10 Others Counsel for Petitioner :- Deo Prakash Srivastava,Kailash Nath Mishra Counsel for Respondent :- C.S.C.,Pankaj Gupta
Hon'ble Manish Kumar,J.
Learned counsel for the petitioner has submitted that the present petition has been preferred for issuing a direction to the respondent no. 3 i.e. Assistant Collector, Tehsil Tarabganj, District Gonda to remove the illegal encroachment made by respondent nos. 6 to 11 over the Gata Nos. 2088/0.0304 hectare and 2089/0.0160 hectare situated at Village Pure Suchit, Gram Sabha Wazir Ganj, Pargana Mahadeva, Tehsil Tarabganj, District Gonda, which is recorded as Rasta and Talab in the revenue records respectively.
It has further been sought to direct the respondent no. 2 i.e. Apar Collector, District Gonda to decide the appeal preferred by the respondent nos. 6 to 10.
It is further submitted that the proceedings against the private respondents under Section 67 (1) of the Uttar Pradesh Revenue Code, 2006 (hereinafter referred to as, the Code, 2006) were initiated on the complaint of the petitioner and on 29.07.2021, an order has been passed by Tehsildar for removing the illegal encroachment but till date the same has not been removed.
On the other hand, learned Standing Counsel and the learned counsel appearing for the Gaon Sabha have submitted that the encroachment cannot be removed as the private respondents have preferred an appeal on 21.10.2021 against the order passed by the Tehsildar, which is pending.
It is further submitted that the petitioner was neither a party in the proceedings under Section 67 (1) of the Code, 2006 nor in the appeal.
Replying the aforesaid submission, learned counsel for the petitioner has submitted that petitioner has moved an application for impleadment in the appeal,which is pending.
After arguing at great length, learned counsel for the petitioner has confined his prayer to the extent that respondent no. 2 may be directed to consider and decide the application for impleadment preferred by the petitioner and the appeal
preferred by the private respondents expeditiously.
Learned Standing Counsel and learned counsel appearing for the Gaon Sabha have no objection to the prayer made by learned counsel for the petitioner.
Considering the request of learned counsel for the petitioner and without entering into the merit of the case, the present petition is hereby disposed of with a direction to the respondent no. 2 to decide the application for impleadment moved by the petitioner in accordance with law within a period of one month from the date of certified copy of this order is served.
It is expected that every endeavour shall be made by the respondent no. 2 to decide the appeal expeditiously.
Order Date :- 23.12.2022 Ashish
Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the Court can direct the Respondent No. 2 to decide the pending application for impleadment and the appeal expeditiously.
Whether the direction should be issued without entering into the merits of the encroachment removal proceedings.
1 provisions across 1 enactments
Mahavir Prasad Tiwari @ Mahavir
State Of U.P. Thru. Its Prin Secy. Revenue Deptt. Lko. And 10 Others
Manish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
