Santosh Tiwari v. State of U.P. and 5 Others

Court No. - 51 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1778 of 2023 Petitioner :- Santosh Tiwari Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- C.S.C.,Azad Rai Hon'ble Chandra Kumar Rai,J.

¶1Heard Mr. Anil Kumar Mishra, learned counsel for the petitioner, Mr. Sanjay Kumar Srivastava, State Law Officer for the State-respondents and Mr. Azad Rai, learned counsel for respondent-Gram Panchayat.

¶2The instant public interest litigation has been filed for mandamus directing respondent authorities to take steps for removal of encroachment in respect to plot nos.837 & 198, which are recorded as pond in the revenue records.

¶3In compliance of the order of this Court dated 17.8.2023, instruction dated 5.9.2023 has been placed before the Court by Mr. Sanjay Kumar Srivastava, State Law Officer for the State-respondents, which is taken on record.

¶4Mr. Sanjay Kumar Srivastava, State Law Officer for the State-respondents on the basis of instruction dated 5.9.2023 submitted that in respect to plot in question three cases have been registered against the persons who are in possession over the same. The particulars of the cases are as follows: i. T202302030207394 ii. T202302030207395 iii. T202302030207396

¶5In view of the pendency of aforementioned three cases, under Section 67 of U.P. Revenue Code, 2006, the instant public interest litigation is finally disposed of directing respondent no.4 i.e. Tahsildar, Tahsil-Phoolpur, District-Prayagraj to decide the aforementioned three cases in accordance with law after affording proper opportunity of hearing to both parties, expeditiously preferably within a period of four months from the date of production of certified copy of this order before him. Order Date :- 19.10.2023 Rameez High Court of Judicature at Allahabad