Shakuntala Devi and Another v. State of U.P. and 12 Others

Court No. - 40 Case :- WRIT - C No. - 33029 of 2023 Petitioner :- Shakuntala Devi And Another Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Jeevanjee Srivastava Counsel for Respondent :- C.S.C.,Kailash Pati Singh Yadav,Pradeep Singh,Ravi Shankar Yadav Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard learned counsel for the petitioner and Sri B.P. Singh, learned Additional Chief Standing Counsel for State-respondent nos.1 to 3.

¶2The present writ petition has been preferred by the petitioners seeking direction upon respondent nos.2 and 3 to evict private respondent from land of the petitioners bearing Gata nos.28, 29 and 1733/67 situated in Mauja-Oonj Mungaraha, Tehsil-Gyanpur, District-Bhadohi.

¶3Learned Additional Chief Standing Counsel has placed instructions dated 29.9.2023 sent by Sub Divisional Magistrate, Gyanpur, District-Bhadoni wherein it is indicated that there is no encroachment over the public utility land.

¶4When confronted with this situation, learned counsel for the petitioner prayed that leave may be accorded to the petitioners to move appropriate application under Section 67 of the U.P. Revenue Code, 2006 before the competent authority.

¶5Considering the facts and circumstances, without adverting any opinion on the merits of the case, we dispose of the writ petition with a direction that in case the petitioners file appropriate proceeding under Section 67 of the U.P. Revenue Code, 2006, definitely the same would be decided as per law. Order Date :- 19.10.2023 Manish Himwan High Court of Judicature at Allahabad