Sant Ram Yadav Vs State of U.P. Thru. Prin. Secy. Deptt. of Revenue Civil Sectt. Lko. and 3 Others — Allahabad HC (2024) — LawSathi Research

Sant Ram Yadav Vs State of U.P. Thru. Prin. Secy. Deptt. of Revenue Civil Sectt. Lko. and 3 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

No mandamus issued. Petition disposed of upon recording the Additional Chief Standing Counsel's statement that for Gata No.1428 encroachment was found and Section 67, U.P. Revenue Code, 2006 proceedings were initiated against the alleged encroachers, with an endeavour to finalise them within the time specified in the Code, 2006 and the Rules; Gata Nos.1416 and 1425 remain governed by the continuing status quo order dated 03.03.2005 in Writ-B No.186/2005.

Issue for consideration

Whether a mandamus should be issued commanding the respondents to take effective steps to remove the encroachment over land comprised in Gata Nos.1416, 1425 and 1428, Village Sihipur (Dahalwa), Pargana Pashchim Raath, Tehsil Bikapur, District Ayodhya.

Court's answer

On instructions of the Tehsildar, Tehsil Bikapur, the Court recorded that encroachment has been found on Gata No.1428 and proceedings under Section 67 of the U.P. Revenue Code, 2006 have been initiated against the alleged encroachers.

Ratio / Principle

The Court recorded the State's statement that an endeavour shall be made to finalise the Section 67 proceedings in accordance with law within the time specified in the Code, 2006 and the Rules governing the same.

Key takeaways

As regards Gata Nos.1416 and 1425, the Court noted they are under scrutiny in Writ-B No.186/2005 (Mohan Dei vs. Deputy Director of Consolidation and others) and that the writ Court's status quo order dated 03.03.2005 still continues; no further direction was issued for these Gatas.¶11
The statement of the learned Additional Chief Standing Counsel was recorded and, with the consent of counsel, the writ petition was disposed of finally without issuance of the mandamus sought.ratio¶12

Detailed headnote1 paragraphs

Public Interest Litigation (PIL No. 146 of 2024) by Sant Ram Yadav before the High Court of Judicature at Allahabad, Lucknow Bench (Neutral Citation 2024:AHC-LKO:18190), seeking a mandamus to remove encroachments from Gata Nos.1416, 1425 and 1428, Village Sihipur (Dahalwa), Pargana Pashchim Raath, Tehsil Bikapur, District Ayodhya. Hon'ble Abdul Moin, J., deciding the matter finally with consent on 28.2.2024, recorded the Additional Chief Standing Counsel's statement (based on Tehsildar's instructions) that encroachment was found on Gata No.1428 and proceedings under Section 67 of the U.P. Revenue Code, 2006 have been initiated against the alleged encroachers, with an endeavour to finalise them within the time specified in the Code, 2006 and the Rules; Gata Nos.1416 and 1425 are under scrutiny in Writ-B No.186/2005 (Mohan Dei vs. Deputy Director of Consolidation and others) where a status quo order dated 03.03.2005 still continues. Petition disposed of.

Neutral Citation No. - 2024:AHC-LKO:18190

Court No. - 5

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 146 of 2024

Petitioner :- Sant Ram Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Civil Sectt. Lko. And 3 Others Counsel for Petitioner :- Vinod Kumar Pandey Counsel for Respondent :- C.S.C.,Mohan Singh

Hon'ble Abdul Moin,J.

Heard learned counsel for the petitioner and Sri Saharsh Srivastava, learned Additional Chief Standing Counsel for respondents no.1 to 3. Notice for respondent no.4 has been accepted by Sri Mohan Singh, learned counsel.

With the consent of learned counsels for the parties, the writ petition is being decided finally.

Instant petition in the nature of PIL has been filed praying for a mandamus commanding the respondents to take effective step to remove the encroachment over the land Gata Nos.1416, 1425 and 1428 situated in Village Sihipur (Dahalwa), Pargana Pashchim Raath, Tehsil Bikapur, District Ayodhya.

This Court vide order dated 20.02.2024 had required learned Standing Counsel to seek instructions in the matter.

Today Sri Saharsh Srivastava, learned Additional Chief Standing Counsel, on the basis of instructions sent by the Tehsildar, Tehsil Bikapur, District Ayodhya, states that with respect to Gata No.1428 encroachment has been found and proceedings under the provisions of Section 67 of the U.P. Revenue Code, 2006 have been initiated against the alleged encrochers. He also states that an endeavour shall be made to finalize the said proceedings in accordance with law within the time specified in the Code, 2006 and the Rules governing the same.

So far as Gata Nos.1416 and 1425 are concerned, it is submitted that said Gatas are under scrutiny in Writ-B No.186/2005 in re: Mohan Dei vs. Deputy Director of Consolidation and others, before this Court and an order of status quo has been passed by the writ Court vide order dated 03.03.2005 which order still continues.

The aforesaid statement of learned Additional Chief Standing Counsel is recorded and the petition is disposed of.

Order Date :- 28.2.2024 A. Katiyar

Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench