Single-judge order holding that despite a pending recall application, the writ petition concerning encroachments on Panchayat land must be consigned to record in light of the respondent's assurance to finalize proceedings under Section 67 of the U.P. Revenue Code, 2006.
The writ petition was consigned to record.
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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
1 issue framed by the court
Whether the writ petition should be consigned to record given that proceedings under Section 67 of the U.P. Revenue Code, 2006 are pending due to a recall application.
1 provisions across 1 enactments
Guru Dayal
State Of U.P.
Abdul Moin
J.K. Dinkar
As recorded by the court registry
3 orders share this CNR
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