Shyam Nath v. State of U.P. and 7 Others

Court No. - 51 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2475 of 2023 Petitioner :- Shyam Nath Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Dinesh Kumar Sony,Shrawan Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J.

¶1Heard Mr. Dinesh Kumar Sony, learned counsel for the petitioner, Mr. Govind Kumar Saxena, learned Additional Chief Standing Counsel.

¶2Instruction dated 25.10.2023 is placed before this court, which is taken on record.

¶3Learned counsel for the petitioner submitted that plots in question, (particulars of plots are mentioned in paragraph nos. 3, 4, 5 and 6 of the writ petition) are recorded as Banjar, Naveen Parthi, Bheeta and Pokhri in the revenue records, but private respondents have got their name entered over the same without any order of the Court. He further submitted that proceeding under section 33/39 of U.P. Land Revenue Act, 1901 has been initiated and report dated

14.01.2015 has been submitted, although no order has been passed for restoring the entry of the plot in dispute in favour of the State/Gaon Sabha.

¶4Mr. Govind Kumar Saxena, Learned Additional Chief Standing Counsel on the basis of the instruction submitted that case No. D 201315600741 (Sarswati Vs. Ram Awadh) is pending before District Magistrate, Azamgarh and last date fixed was

30.10.2023. He further submitted that as soon as the order will be passed by the court concerned, proper steps shall be taken in respect to the plot in dispute by the State authorities.

5.Considering the arguments advanced by the learned counsel for the parties and averment made in the instruction, the instant public interest litigation is finally disposed of directing the respondent no.2/District Magistrate, Azamgarh to decide aforementioned pending case No.D 201315600741 (Sarswati Vs.Ram Awadh) expeditiously preferably within a period of three months from the date of production of certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties. Order Date :- 2.11.2023 PS* High Court of Judicature at Allahabad