Braham Dev Upadhayay v. State of U.P. and 2 Others

Court No. - 51 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2586 of 2023 Petitioner :- Braham Dev Upadhayay Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Braham Dev Upadhayay Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J.

¶1Counsel for the petitioner is permitted to implead the Gaon Sabha as respondent no.4 in the writ petition during course of the day.

¶2Heard Counsel for the petitioner and Mr. Abhinav Ojha, learned Standing Counsel for State-respondents.

¶3The instant public interest litigation has been filed praying for a mandamus directing respondent No.2, Tehsildar Magistrate, Bhanpur, District Basti to decide the computerized case No. T202217140202063 under Section 67 (1) of the U.P. Revenue Code, 2006 within stipulated period.

¶4Counsel for the petitioner submitted that the aforesaid case is pending under Section 67 (1) of the U.P. Revenue Code, 2006 in respect to the land which is recorded as banjar in the revenue records.

¶5Copy of the order sheet has been annexed as Annexure No.2 to the writ petition in order to demonstrate that the case is not proceeding expeditiously.

¶6Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present public interest litigation stands disposed of finally with a direction to respondent No.2, Tehsildar Magistrate, Bhanpur, District Basti to consider and decide the aforementioned proceeding in accordance with law expeditiously and 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 :- 8.11.2023 Vandana Y. High Court of Judicature at Allahabad