Akhilesh Kumar v. State of U.P. and 8 Others

Court No. - 51 Case :- WRIT - C No. - 24214 of 2023 Petitioner :- Akhilesh Kumar Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Kailash Nath Singh Counsel for Respondent :- C.S.C,Bhupendra Kumar Tripathi Hon'ble Chandra Kumar Rai,J.

¶1Learned counsel for the petitioner is permitted to implead the Assistant Collector/Tehsildar, Mariyahun, Jaunpur as respondent no.10 in the array of the parties to the writ petition during the course of the day.

¶2Heard Sri Kailash Nath Singh, learned counsel for the petitioner, Sri R.C. Srivastava, learned Addl. C.S.C. for the state-respondent and Sri Bhupendra Kumar Tripathi, learned counsel for the respondent-gaon sabha.

¶3In compliance of the order of this Court dated 3.10.2023/17.10.2023, instruction dated 30.10.2023 has been placed before the Court which is taken on record. Copy of the same be also supplied by the learned standing counsel to the counsel for the petitioner during the course of the day.

¶4Sri R.C. Srivastava, learned Addl. C.S.C., on the basis of instruction, submitted that plot nos. 634, 639 & 640, were inspected by the revenue team constituted by the authorities and after inspection, it is found that certain persons are in illegal possession over the land recorded as chak marg, accordingly, two cases under Section 67 of the U.P. Revenue Code, 2006 have been registered as Case Nos. T202314360606362 (Gaon Sabha vs. Shyam Ji) & T202314360606363 (Gaon Sabha vs. Shivram and Others).

¶5In view of the facts and circumstances of the case, without expressing any opinion on the merits of the case, this petition is disposed of with the direction to respondent no.10 to decide the aforesaid proceedings to its logical conclusion, as expeditiously as possible, preferably within a period of 4 months, from the date of production of a certified copy of this order before the authority concerned, after affording proper opportunity of hearing to the parties concerned, in accordance with law. Order Date :- 2.11.2023 C.Prakash High Court of Judicature at Allahabad