Rama Shanker Tiwari Vs State of U.P. Thru. Prin. Secy. Home Revenue Lko. U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Rama Shanker Tiwari Vs State of U.P. Thru. Prin. Secy. Home Revenue Lko. U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the concerned authority to decide the case instituted under Section 67 of the U.P. Revenue Code, 2006 pertaining to the aforesaid plots expeditiously, preferably within three months from the date a certified copy of the order is brought on record of proceedings, after affording opportunity of hearing to the alleged encroachers.

Issue for consideration

Whether opposite parties nos. 2 and 3 should be commanded by mandamus to take immediate action under Section 67(1) of the U.P Revenue Code 2006 to remove unauthorized occupation from public land situated at Vill-Basiraha, Post-Sindhuli, P.S Fatanpur, District Pratapgarh. +1 more

Court's answer

Considering that proceedings under Section 67 of the U.P. Revenue Code, 2006 had already been initiated against the alleged encroacher, the concerned authority is directed to decide the case instituted under Section 67 of the U.P. Revenue Code, 2006 pertaining to the aforesaid plots expeditiously, preferably within a period of three months from the date a certified copy of the order is brought on record of proceedings, after affording opportunity of hearing to the alleged encroachers.

Detailed headnote1 paragraphs

PUBLIC INTEREST LITIGATION (PIL) No. 623 of 2025, High Court of Judicature at Allahabad, Lucknow Bench (Hon'ble Manish Mathur, J.), Order dated 4.6.2025 (Neutral Citation 2025:AHC-LKO:34615). Petitioner sought mandamus directing opposite parties nos. 2-3 to take immediate action under Section 67(1) of the U.P Revenue Code 2006 to remove unauthorized occupation of public land at Vill-Basiraha, Post-Sindhuli, P.S Fatanpur, District Pratapgarh, and to conduct a time-bound inquiry fixing accountability on responsible officers. Learned State Counsel submitted written instructions dated 26.05.2025, taken on record, according to which proceedings under Section 67 of the U.P. Revenue Code, 2006 had already been initiated against the alleged encroacher. Accordingly, the Court directed the concerned authority to decide the said Section 67 case pertaining to the aforesaid plots expeditiously, preferably within three months from the date a certified copy of the order is brought on record of proceedings, after affording opportunity of hearing to the alleged encroachers. With these directions, the petition was disposed of.

Neutral Citation No. - 2025:AHC-LKO:34615

Court No. - 13

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 623 of 2025

Petitioner :- Rama Shanker Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Home Revenue Lko. U.P. And 2 Others Counsel for Petitioner :- Avneesh Singh Counsel for Respondent :- C.S.C.

Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner and learned State Counsel for opposite parties no. 1 to 3.

Petition has been filed seeking the following reliefs:-

"1. issue a writ order or direction in the nature of mandamus commanding the opp. No. 2 to 3 to take immediate action Under Section 67(1) of the U.P Revenue Code 2006 remove unauthorized occupation from the public land situated at Vill- Basiraha Post-Sindhuli P.S Fatanpur distPratapgarh till the pendency of this writ petition before the Hon'ble Court.

2. issue a writ order or direction in the nature of mandamus commanding the opp. No. 2 to 3 to conduct a time - bound inquiry and fix accountability on officers responsible for action.

3. Issue such other suitable writ, order or direction as the Hon'ble Court may deem just and proper in the facts and circumstances of the case; and....."

Learned State Counsel has been provided written instructions dated 26.05.2025, which are taken on record and as per which proceedings under Section 67 of the U.P. Revenue Code, 2006 have already been initiated against the alleged encroacher.

Considering aforesaid fact, the concerned authority is directed to decide the case instituted under Section 67 of the U.P. Revenue Code, 2006 pertaining to the aforesaid plots expeditiously, preferably within a period of three months from the date a certified copy of this order is brought on record of proceedings after affording opportunity of hearing to the alleged encroachers.

With aforesaid directions, petition stands disposed of.

Order Date :- 4.6.2025 Satish

Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench