A PIL petition seeking directions to remove encroachment on specified revenue records was disposed of because pending prosecutions under the U.P. Revenue Code had been initiated. The court directed the Statutory Courts to decide the registered cases within six months of the date of the order after affording full hearing opportunities.
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Court No. - 52
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 560 of 2023
Petitioner :- Ram Khelawan Pal Respondent :- State Of U.P. And 20 Others Counsel for Petitioner :- Satish Kumar Pandey Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Kshitij Shailendra,J.
Heard Shri Satish Kumar Pandey, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Shri Bhupendra Kumar Tripathi, learned counsel for the respondent No.4-Gaon Sabha.
This Public Interest Litigation petition has been filed with the following reliefs:-
(a). Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities to struck of illegal obstruction/encroachment made over Arazi No.2594 and 2591, situated at Gram Kathiraon (Kathia), Pargana Pandrah, Tehsil Pindra, District Varanasi recorded over revenue records "in the nature of public pathway/banjar land".
II. Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to decide the representation dated 23.1.2023 moved by the petitioner forthwith."
Learned Standing Counsel has produced instructions for perusal of the Court which are taken on record. A perusal of instructions reveals that following cases have been registered under Section 67 of the U.P. Revenue Code-2006 which are pending before the court concerned.
" (1). T-202314700201558 (2). T-202314700201559 (3). T-202314700201560 (4). T-202314700201561 (5). T-202314700201562 (6). T-202314700201572
(7). T-202314700201574 (8). T-202314700201576 (9). T-202314700201565 (10). T-202314700201554 (11). T-202314700201555 (12) . T-202314700201556 (13) . T-202314700201557 (14) . T-202314700201563 (15). T-202314700201564 (16). T-202314700201566 (17) . T-202314700201568 (18). T-202314700201571 (19) . T-202314700201573 (20) . T-202314700201575 (21) . T-202314700201565 (22) . T-202314700201567 (23) . T-202314700201569 (24) . T-202314700201570
In view of the fact that statutory proceedings have been registered against the concerned persons, this P.I.L. is disposed off by issuing direction to the court concerned to decide the aforesaid cases within six months from the date of production of certified copy of this order, after following due process of law and after giving full opportunity of hearing to the concerned parties and following the mandate of law laid down by this Court in the cases of Rishipal Singh Vs. State of U.P. and others: 2023 (1) AWC 4 and Leellu Vs. State of U.P. and others: 2023 (3) ADJ 97.
Order Date :- 11.4.2023 Jyotsana
Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Rishipal Singh Vs. State of U.P. and othersFollowed¶12
Rishipal Singh Vs. State of U.P. and others: 2023 (1) AWC 4
Ram Khelawan Pal
State Of U.P.
Jyotsana Singh
As recorded by the court registry
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