Firoj Ahmad v. State of U.P. and 6 Others

Court No. - 51 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2421 of 2023 Petitioner :- Firoj Ahmad Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Amar Nath Pandey Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi Hon'ble Chandra Kumar Rai,J.

¶1Learned counsel for the petitioner is permitted to implead Tahsildar, Badlapur, District-Jaunpur as respondent no.8 in the array of the parties to the writ petition during course of the day.

¶2Heard Mr. Amar Nath Pandey, learned counsel for the petitioner, Mr. R.C. Srivastava, learned Additional Chief Standing Counsel for the State-respondents and Mr. Bhupendra Kumar Tripathi, learned counsel for the respondent-Gaon Sabha.

¶3Learned Additional Chief Standing Counsel has placed the instruction dated 25.11.2023 before the Court, which is taken on record.

¶4Learned Additional Chief Standing Counsel on the basis of instruction dated 25.11.2023 submitted that plot no.75 area 0.0080 hectare is recorded as Garha in the revenue records and proceedings under Section 67 (1) of U.P. Revenue Code, 2006 has been registered against respondent no.5-Khalil Ahmad, which is pending before Tahsildar, Badlapur, Jaunpur. The particular of the case is as follows: "T202314360205151 (Report Lekhpal vs. Khalil Ahmad)".

¶5Learned counsel for the petitioner submitted that appropriate direction be issued for expeditious disposal of the aforementioned case so that encroachment over the plot in question be removed.

¶6Considering the facts and circumstances, the instant public interest litigation is finally disposed of directing respondent no.8 i.e. Tahsildar, Badlapur, District-Jaunpur to decide the aforementioned Case No.T202314360205151 (Report Lekhpal vs. Khalil Ahmad), under Section 67 (1) of U.P. Revenue Code, 2006 in accordance with law after affording proper opportunity of hearing to the parties, expeditiously preferably within a period of three months from the date of production of certified copy of this order before him.

¶7Learned Additional Chief Standing Counsel shall serve a copy of the instruction dated 25.11.2023 upon learned counsel for the petitioner during course of the day. Order Date :- 28.11.2023 Rameez High Court of Judicature at Allahabad