In a PIL regarding encroachers, the Court found that Section 67 proceedings had already initiated. The Court disposed of the petition directing the Tehsildar to finalize proceedings within the 90-day Rule 67 timeframe.
Petition disposed of directing Respondent 19 (Tehsildar) to finalize Section 67 proceedings within the Rule 67 timeframe.
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Neutral Citation No. - 2023:AHC:183648
Court No. - 38
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1885 of 2023 Petitioner :- Uma Shankar Respondent :- State Of U.P. And 17 Others Counsel for Petitioner :- Ajay Kumar Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
Hon'ble Ashutosh Srivastava,J.
Heard Shri Ajay Kumar, learned counsel for the petitioner, learned Standing Counsel for the State respondents and Shri Rameshwar Prasad Shukla, learned counsel for the respondent no. 5.
Learned counsel for the petitioner prays for and is allowed to implead TehsildarLalganj, District Azamgarh, as respondent no. 19, in the array of the parties, during the course of the day.
At the very outset learned Standing Counsel submits that he has received instructions in the matter. On instructions he submits that the proceedings under Section 67 of the U.P. Revenue Code, 2006 have already been initiated against the encroachers.
In such view of the matter this Court is of the opinion that the present writ PIL has served its purpose. However, learned counsel for the petitioner submits that this PIL may be disposed of with a direction that the proceedings under Section 67 of the Revenue Code may be finalized within a time frame fixed by this Court.
Rule 67 of the Rules, framed under the Revenue Code, 2006, provides that proceedings under Section 67 of the Revenue Code, 2006 may be finalized within a period of 90 days from the date of issuance of show cause notice and if proceedings is not concluded within such period the reasons for the same are required to be recorded.
In such view of the matter the petition is disposed of by expecting the respondent no. 19 i.e. Tehsildar-Lalganj, District Azamgarh, to finalize the proceedings within the time frame fixed under the Rules.
Instructions received by the learned Standing Counsel is taken on record.
With the aforesaid observations the writ petition (PIL) is consigned to records.
Order Date :- 21.9.2023 Deepak/
Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether to dispose of the writ PIL with a direction to finalize proceedings under Section 67 of the Revenue Code within a time frame.
2 provisions across 2 enactments
Uma Shankar
State Of U.P.
Ashutosh Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
