Rajesh Kumar Yadav Vs State of U P and 9 Others — Allahabad HC (2022) — LawSathi Research

Rajesh Kumar Yadav Vs State of U P and 9 Others — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition finally disposed of with a direction to the Tahsildar, Soraon, Prayagraj to decide the four pending cases (Case Nos. T202202030305012, T202202030305011, T202202030305014 and T202202030305015) under Section 67, U.P. Revenue Code, 2006 on merits after affording an opportunity of hearing to the parties, in accordance with law, expeditiously preferably within six months from production of a certified copy of the order; no opinion expressed on merits.

Issue for consideration

Whether mandamus should issue directing respondent no. 3 to take appropriate action regarding alleged unauthorized occupation / unauthorized construction by respondent nos. 5 to 10 over Gaon Sabha land (Arazi Gata No. 296, Area 0.1480 hectare) recorded as pond (Talab) in the revenue record. +1 more

Court's answer

Without expressing any opinion on the merits of the case, the Court directed the Tahsildar, Soraon, Prayagraj to decide the aforementioned four pending cases (registered pursuant to initiation of proceedings under Section 67, U.P. Revenue Code, 2006) on merits after giving an opportunity of hearing to the parties, in accordance with law.

Ratio / Principle

The Tahsildar, Soraon, Prayagraj was directed to decide the said four cases expeditiously, preferably within a period of six months from the date of production of a certified copy of the order before him.

Detailed headnote1 paragraphs

Public interest litigation alleging unauthorized occupation / unauthorized construction by respondent nos. 5 to 10 over Gaon Sabha land (Arazi Gata No. 296, Area 0.1480 hectare) recorded as pond (Talab) in the revenue record, with a prayer for mandamus to respondent no. 3 to act and for disposal of the petitioner's representation. The learned Standing Counsel placed instructions disclosing that proceedings under Section 67 of the U.P. Revenue Code, 2006 had been initiated and four cases (Case Nos. T202202030305012, T202202030305011, T202202030305014 and T202202030305015) were pending before the Tahsildar, Soraon, Prayagraj. Without expressing any opinion on the merits, the High Court (Chandra Kumar Rai, J.) directed the Tahsildar, Soraon, Prayagraj to decide the four cases on merits after giving an opportunity of hearing to the parties, in accordance with law, expeditiously preferably within six months from the date of production of a certified copy of the order, and finally disposed of the writ petition (order dated 16.9.2022).

Court No. - 52

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1723 of 2022 Petitioner :- Rajesh Kumar Yadav Respondent :- State Of U P And 9 Others Counsel for Petitioner :- Mahrani Deen Yadav,Shiv Kumar Gupta Counsel for Respondent :- C.S.C.,Azad Rai

Hon'ble Chandra Kumar Rai,J.

Heard Sri Shiv Kumar Gupta and Sri Mahrani Deen Yadav, learned counsel for the petitioner, learned Standing Counsel for respondent nos.1 to 3 and Sri Azad Rai, learned counsel for respondent no.4-Gram Sabha.

The instant writ petition has been filed for the following reliefs:

"1. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.3 to take appropriate action regarding unauthorized occupation / unauthorized construction by the respondent no.5 to 10 over the Arazi Gata No.296 Area 0.1480 hectare over Gaon Sabha Land, which is recorded as pond (Talab) in the revenue record.

2. Issue a writ order or direction in the nature of mandamus directing the respondent authorities to take appropriate decision upon the application/representation of the petitioner within stipulated time, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

3. Issue any other writ order or direction of a suitable nature which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

4. Award the cost of the writ petition in favour of the petitioner."

Learned Standing Counsel has placed the instruction before this Court in which it is mentioned that in respect to plot in dispute the proceeding under Section 67 of U.P. Revenue Code, 2006 has been initiated and four cases have been registered as Case Nos.T202202030305012, T202202030305011, T202202030305014 and T202202030305015.

Without expressing any opinion on merits of the case and keeping in view of the facts and circumstances, Tashildar, Soraon, Prayagraj is directed to decide the aforementioned four cases which is pending in the Court of Tahsildar, Soraon, Prayagraj on merits after giving an opportunity of hearing to the parties in accordance with law expeditiously preferably within a period of six months from the date of production of certified copy of this order before him.

Accordingly, the writ petition is finally disposed of.

Order Date :- 16.9.2022

Digitally signed by RAMEEZ AHMED Rameez Date: 2022.09.16 16:56:53 IST Reason: Location: High Court of Judicature at Allahabad