Neeraj Kumar Mishra v. State of U.P. and 5 Others

Court No. - 51 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2667 of 2023 Petitioner :- Neeraj Kumar Mishra Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dinesh Kumar Tripathi Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi Hon'ble Chandra Kumar Rai,J.

¶1Heard Counsel for the petitioner and learned Standing Counsel for State-respondents.

¶2The instant public interest litigation has been filed praying for a mandamus directing respondent No.4, Tehsildar, Tehsil-Machhali Shahar, District Jaunpur to decide the case No. 6037 of 2022, Computerized case No. T20221436030637 (Report Lekhpal Vs. Jawaharlal) under Section 67 of U.P. Revenue Code, 2006 within stipulated period as well as for removal of encroachment from plot No. 231 area 0.3040 hectare which is recorded as charagah in the revenue records.

¶3Counsel for the petitioner submitted that the aforementioned case under Section 67 of the U.P. Revenue Code, 2006 has been registered against private respondent no.6 on 26.9.2022 which is still pending even after expiry of more than one year.

¶4Copy of the order sheet has been annexed as Annexure No.4 to the writ petition in order to demonstrate that the case is not proceeding expeditiously.

¶5Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the instant public interest litigation stands disposed of finally with a direction to respondent No.4, Tehsildar, Tehsil-Machhali Shahar, District Jaunpur 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 :- 4.12.2023/ Vandana Y. High Court of Judicature at Allahabad