In this PIL, the petitioner challenged orders quashing a section 67 proceeding and an exchange order under section 101 of the U.P. Revenue Code. The Court held that since the exchange was decided and remedies under the Code were available, the PIL did not require interference and was dismissed.
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Reserved on 05.10.2023
Delivered on 14.12.2023
Neutral Citation No. - 2023:AHC:236527
Court No. - 51
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4904 of 2018
Petitioner :- Harvir Singh Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Amulya Ratan Srivastava,Gopal Srivastava,Santosh Yadav,Sunil Kumar,Vimal Chandra Pathak Counsel for Respondent :- C.S.C.,Rohit Shukla,Sunil Kumar Singh
Hon'ble Chandra Kumar Rai,J.
dispute in accordance with law. On the basis of the order dated 27.10.2017 passed by this Court proceeding under Sections 67 (1) of U.P. Revenue Code, 2006 has been initiated against the private respondent No. 5. Respondent No. 5 initiated a proceeding for exchange as provided under Section 101 of U.P. Revenue Code 2006 to exchange his Bhumidhari Plot No. 469from plot No. 452 kha whichis recorded as banjar land. The aforementioned exchange proceeding was decided by the Court by order dated 5.10.2018, directing for exchange of petitioner's Bhumidhari Plot No. 469 from Banjar Plot No. 452 Kha. The proceeding under Section 67 of U.P. Revenue Code 2006 registered against the private respondent Nos. 5 to 12 has been decided by order dated 22.10.2018, dropping the proceeding against private respondent. Hence, this Public Interest Litigation on behalf of petitioner for the following relief:
" (a) Issue a writ order or direction in the nature of certiorari quashing the impugned order dated 22 October 2018 passed by respondent no. 3 in Case No.00174/2018 (Computerized Case No. T 201811270300174) Gram Sabha Vs Udaivir and others, under Section 67 of Uttar Pradesh Revenue Code-2006, Mauja- Karauli Bangar, Pargana & Tehsil- Jevar, District-Gautam Budh Nagar .
(b) Issue a Writ order or direction in the nature of certiorari quashing the order dated 05 October 2018 passed by respondent no. 2 in Case No. 04206/2018 (Computerized Case Pargana and 201811270304206) Jaypal Singh Vs State, Under Section 101 Uttar Pradesh Revenue Code-2006.
(c) Issue a writ order or direction in the nature of mandamus commanding the respondents to remove the illegal possession of the respondent nos. 5 to 12 from the disputed plot."
demonstrate that exchange cannot be allowed if the same has not been decided in accordance with the provision prescribed under the Code as well as Rules framed thereunder.
dropped against private respondents as such no interference is required in the matter and instant public interest litigation is liable to be dismissed.
order passed in the proceeding under section 67 (1) of the U.P. Revenue Code 2006.
Order Date :- 14.12.2023 PS*
Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the Public Interest Litigation to quash the orders passed in exchange and dropping proceedings under the U.P. Revenue Code 2006 requires interference under Article 226 of the Constitution.
Whether an appropriate alternative remedy exists for challenging the orders.
Whether the exchange proceeding was conducted in accordance with the law.
2 provisions across 1 enactments
Harvir Singh
State Of U.P.
Chandra Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
