Balalakhandar v. State of U.P. and 4 Others

Court No. - 51 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2430 of 2023 Petitioner :- Balalakhandar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shashi Kant Sharma,Ajay Kumar Gautam Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi Hon'ble Chandra Kumar Rai,J.

¶1Heard learned counsel for the petitioner, Mr. Govind Kumar Saxena, learned Additional Chief Standing Counsel for the State-respondents and Mr. Bhupendra Kumar Tripathi, learned counsel for the respondent - Gaon Sabha.

¶2The instant petition has been filed for mandamus directing the respondent no.3 i.e. Tahsildar, Tahsil-Jakhania, District-Ghazipur to decide the Case No.819 of 2023 (Report Lekhpal vs. Lalji Ram), Computerized Case No.T202314290500819, under Section 67 of U.P. Revenue Code, 2006 within stipulated period.

¶3Learned counsel for the petitioner submitted that in respect to the plot, which is recorded as khad ke gaddhe in the revenue records, the proceedings under Section 67 of U.P. Revenue Code, 2006 is pending before respondent no.3. He further submitted that the appropriate direction be issued for expeditious disposal of the aforementioned pending case.

¶4Without expressing any opinion on merits of the case and keeping in view of the facts and circumstances, respondent no.3 is directed to decide the aforementioned proceedings under Section 67 of U.P. Revenue Code, 2006 on merits after giving an opportunity of hearing to the parties in accordance with law expeditiously preferably within a period of three months from the date of production of certified copy of this order before him.

¶5Accordingly, the public interest litigation is finally disposed of. Order Date :- 2.12.2023 Rameez High Court of Judicature at Allahabad