Disposed

Radheyshyam Maurya v. State of U.P. and 6 Others

Allahabad HC21 Mar 2023WPIL/505/2023

Case brief

AI extract

What is this about?

In a public interest litigation, the Allahabad High Court disposed of a petition filing to expedite an encroachment case pending before a Tehsildar. The court directed revenue authorities to conclude proceedings within four months and ensure personal hearings if lawyers do not cooperate.

What did the court decide?

Direction to respondent Tehsildar to conclude proceedings of enclosed case within four months from date of service.

Radheyshyam Maurya Vs State of U.P. and 6 Others — Property and Title | Allahabad HC (2023)

¶1

Court No. - 52

¶2

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 505 of 2023

¶3

Petitioner :- Radheyshyam Maurya Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Abhai Kumar Tiwari,Ajai Kumar Singh Kushwaha

¶4

Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta

¶5

Hon'ble Kshitij Shailendra,J.

¶6

The instructions supplied by learned Standing Counsel are taken on record.

¶7

Heard Shri Ajai Kumar Singh Kushwaha, learned counsel for the petitioner, learned Standing Counsel representing the Staterespondents and Shri Pankaj Kumar Gupta, learned counsel for the respondent No.3-Gaon Sabha.

¶8

The present public interest litigation petition has been filed with the following relief:-

¶9

" (1) To issue a writ, order or direction in the nature of mandamus be issued commanding/directing the respondent no.2 to decide the case No.T202217650301908 titled as Report of Lekhpal Vs. Dharmaraj and others under Section 67 of the Uttar Pradesh Revenue Code, 2006 pending before Tehsildar, Mehdawal, District Sant Kabir Nagar and remove the illegal encroachment made by private respondents no.4 to 7 on the plot No.165 area 0.300 hectare which is land of Rasta situated in village-Babhani, Tappa Bakuchi, Pargana Magahar Purab, TehsilMehadawal, District Sant Kabir Nagar and restore their original shape situated in the revenue village concerned."

¶10

Perusal of the instructions supplied today shows that a case under Section 67 of the U.P. Revenue Code-2006 was registered against the alleged encroachers on 28.04.2022, in which, notices were issued and w.e.f. 01.08.2022, the case is posted for recording evidence of the opposite side. It is also mentioned therein that the case shall be decided after the evidence of the opposite party is over.

¶11

In view of the above, considering the facts and circumstances of the present case, the present public interest litigation petition is disposed of with the direction with a direction to the respondent no.2- Tehsildar Mehdawal, District-Sant Kabir Nagar to conclude the proceedings of the aforesaid case expeditiously, preferably, within a period of four months from the date a certified copy of this order is produced before him, after giving

¶12

full opportunity of hearing to the parties concerned.

¶13

In case, the lawyers do not cooperate with the proceedings either on account of abstainment from work or otherwise, the court concerned shall permit personal appearance of the parties to address it on the merits of the aforesaid case. However, the authority/court concerned shall take special care of the fact that the property rights of the parties may not be adversely affected only on account of non-cooperation of the lawyers and the aforesaid matter shall be disposed of strictly in accordance with law, taking care of the statutory provisions and after making critical analysis of the material available on record.

¶14

Order Date :- 21.3.2023 Jyotsana

¶15

Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad

Radheyshyam Maurya v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

Radheyshyam Maurya v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Chandrabali Vs State of U.P. and 4 Others

Arvind Vs University of Allahabad and 3 Others

Sant Lal Prajapati Vs State of U.P. and 6 Others

Rama Shankar Singh Vs State of U.P. and 2 Others

Satya Prakash Vs Commissioner Varanasi Division and 16 Others

Rahul Kumar Singh and 2 Others Vs State of U.P. and 3 Others