Gauri Shankar v. State of U.P. and 5 Others

Court No. - 51 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2485 of 2023 Petitioner :- Gauri Shankar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vijay Prakash Chaturvedi Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta Hon'ble Chandra Kumar Rai,J.

1.Heard Counsel for the petitioner, Mr. Mridul Kumar, learned Standing Counsel for the State-respondents and Mr. Pankaj Kumar Gupta, learned counsel for respondent No5/Gaon Sabha.

2.In compliance of the order of this Court dated 16.11.2023, instruction dated 02.12.2023 is placed before this Court by Mr. Pankaj Kumar Gupta, learned Counsel for the Gaon Sabha, which is taken on record.

¶3Mr. Pankaj Kumar Gupta, learned Counsel for the Gaon Sabha on the basis of the instruction submitted that plot No.337 area

0.0253 hectare and 338 area 0.0765 hectare are recorded as banjar land in the revenue record. He further submitted that encroachment has been made over the aforementioned plot accordingly, proceeding under Section 67 of U.P. Revenue Code, 2006 has been registered as case No T202317630504784 against respondent No.6 who is in possession over the same

¶4Learned counsel for the petitioner submitted that direction be issued for expeditious disposal of the aforementioned pending case.

¶5Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present P.I.L. stands disposed of finally with a direction to respondent No.4/Assistant Collector/Tehsildar, Tehsil-Shohratgarh, District-Siddharth Nagar to consider and decide the aforementioned case 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 :- 4.12.2023 PS* High Court of Judicature at Allahabad