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

Court No. - 51 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2474 of 2023 Petitioner :- Vishwakarma Santosh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Siddharth Singh Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi Hon'ble Chandra Kumar Rai,J.

¶1Heard Mr. Siddharth Singh, learned counsel for the petitioner. Mr. S.P. Singh, learned Additional Chief Standing Counsel for the State Respondents and Mr. Bhupendra Kumar, learned counsel for respondent No.5/ Gaon Sabha.

¶2The instant petition has been filed for mandamus directing respondent nos. 3 and 4 to ensure that respondent no. 6 may not forcibly take possession over Araji No.30 area 0.0320 hectare which is recorded as Navin Parti, Usar, Banjar as well as for mandamus directing Respondent nos.3 and 4 to decide the representation dated 25.05.2023 filed by petitioner.

¶3Learned counsel for the petitioner submitted that respondent no. 6 is in illegal possession over plot No. 30 and proceeding under section 67 (1) of U.P. Revenue Code, 2006 has been registered as case No.T202314360409731, which is pending before Tehsildar, Sadar, Jaunpur. He further submitted that the same should be decided expeditiously.

¶4In view of the pendency of aforementioned case under section 67 (1) of U.P. Revenue Code 2006, the instant public interest litigation stands disposed of directing respondent no. 4/Tehsildar, Tehsil-Sadar, District-Jaunpur to decide the aforementioned case under section 67 (1) of U.P. Revenue Code, 2006 in accordance with law expeditiously and preferably within a period of four 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