Guru Dayal Vs State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko and 5 Others — Allahabad HC (2024) — LawSathi Research

Guru Dayal Vs State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko and 5 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief adjudicated; the writ petition was consigned to record after the Court recorded the Standing Counsel's statement that the recall application would be decided in accordance with law and the proceedings under Section 67 of the U.P. Revenue Code, 2006 finalised within the time specified under the Code 2006 and the rules.

Issue for consideration

Whether a writ of mandamus should issue commanding respondents no. 3 and 4 to remove the illegal encroachments made by respondents no. 5 and 6 over gata no. 755 reserved as Panchayat Ghar of Gram Sabha, given the unexecuted order dated 07.07.2023 under Section 67 of the U.P. Revenue Code, 2006 and the pendency of the private respondents' recall application.

Court's answer

On the instructions of the Sub-Divisional Magistrate, Tehsil Tiloi, District Amethi dated 14.02.2024, the Court recorded the statement of learned Standing Counsel that endeavor would be made to decide the recall application filed by the private respondents in accordance with law and to finalise the proceedings under Section 67 of the U.P. Revenue Code, 2006 within the time specified under the Code 2006 and the rules governing the same.

Ratio / Principle

In view of the statement so recorded, the writ petition was consigned to record, i.e., disposed of without any further direction or adjudication on merits.

Detailed headnote1 paragraphs

Writ (C) — Mandamus for removal of encroachment over Gram Sabha land — Petition sought command to respondents no. 3 and 4 to remove encroachments by respondents no. 5 and 6 over gata no. 755 reserved as Panchayat Ghar of Gram Sabha — Order dated 07.07.2023 under Section 67 of the U.P. Revenue Code, 2006 for removal of encroachments remained unexecuted; private respondents filed a recall application, next date 15.02.2024 — On instructions of SDM, Tehsil Tiloi, District Amethi dated 14.02.2024, Standing Counsel stated that the recall application would be decided in accordance with law and the Section 67 proceedings finalised within the time specified under the Code 2006 and rules — Statement recorded — Writ petition consigned to record.

Neutral Citation No. - 2024:AHC-LKO:16021

Court No. - 5 Case :- WRIT - C No. - 1339 of 2024 Petitioner :- Guru Dayal Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko And 5 Others Counsel for Petitioner :- Sandeep Tewari,Sandhya Dubey Counsel for Respondent :- C.S.C.

Hon'ble Abdul Moin,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the respondents no. 1 to 4.

No notice be issued to respondents no. 5 & 6 taking into consideration the nature of order proposed to be passed.

The instant writ petition has been filed praying for a writ of mandamus commanding the respondents no. 3 and 4 to remove the illegal encroachments made by respondents no. 5 and 6 over the land bearing gata no. 755 reserved as Panchayat Ghar of Gram Sabha.

The contention of learned counsel for the petitioner is that despite an order having already been passed under Section 67 of the U.P. Revenue Code, 2006 dated 07.07.2023, a copy of which is annexure 2 to the petition, for removal of said encroachments the respondent authority has not proceeded further.

The Court had required learned Standing Counsel to seek instructions in the matter.

Today, Shri learned Standing Counsel on the basis of instructions sent by the Sub-Divisional Magistrate, Tehsil Tiloi, District Amethi Dated 14.02.2024 states that subsequent to the order passed, an application for recall has been filed by the private respondents on which the next date fixed was 15.02.2024.

He further states that endeavor would be made to decide the said recall application in accordance with law and to finalise the proceedings under Section 67 of the U.P. Revenue Code, 2006 within the time specified under the Code 2006 and the rules governing the same.

The aforesaid statement is recorded.

The writ petition is consigned to record .

Order Date :- 22.2.2024 J.K. Dinkar

Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench