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

Court No. - 51 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2853 of 2023 Petitioner :- Madhu Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vivek Singh,Sanjai Kumar Singh Counsel for Respondent :- CSC,Bhupendra Kumar Tripathi Hon'ble Chandra Kumar Rai,J.

¶1Heard learned counsel for the petitioner, Mr. G.K. Saxena, learned Addl. C.S.C. for the State as well as learned counsel for respondent no. 4, Gaon Sabha.

¶2The instant Public Interest Litigation has been filed for mandamus directing the respondent no. 3, Assistant Collector/Tehsildar, Saidpur, District-Ghazipur to evict the encroacher over Pokhari and decide the Case No. 03314 of 2019 (Computerize Case No. T201914290403314 (Report Lekhpal Vs. Loknath Yadav), Under Section 67 U.P. Revenue Code, 2006, within stipulated period.

¶3Learned counsel for the petitioner submitted that aforementioned proceeding in respect to the plot which is recorded as Pokhari is pending before the respondent no. 3. He further placed the copy of the ordersheet which has been annexed as Annexure No. 2 to the writ petition in order to demonstrate that matter is not proceeding expeditiously.

¶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 case 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 writ petition is finally disposed of. Order Date :- 12.12.2023 Anjali High Court of Judicature at Allahabad