Jay Prakash v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Civil Sectt. Lko. and 5 Others

Court No. - 18 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1041 of 2023 Petitioner :- Jay Prakash Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Civil Sectt. Lko. And 5 Others Counsel for Petitioner :- Rakesh Kumar Singh Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard. Present petition has been filed for removal of illegal encroachment of private opposite parties over Gata No.124 situate at Village-Sakhupara, Pargana-Haweli Avadh, and Tehsil-Sohawal, District-Ayodhya. Learned counsel for the State, on the basis of the instructions dated 06.11.2023 placed before this Court, which is taken on record, stated that after enquiry it was found that Ram Sundar S/o Kalideen, is in illegal occupation over some part of the Gata in dispute and considering the same proceedings against him have been initiated under Section 67(1) of U.P. Revenue Code, 2006. The case registered against him is Case No.T201904230201027 in which next date fixed is 09.11.2023. He further submitted that the aforementioned cases would be decided within the statutory period i.e. 90 days, if there is no other legal impediment as prescribed in Rule 67(6) of the U.P. Revenue Code Rules, 2016. Considering the aforesaid, this Court is of the view that no fruitful purpose would be served in keeping the present petition pending. Accordingly, the writ petition is disposed of with the direction to Tehsildar, Tehsil-Sohawa, District-Ayodhya to conclude the proceedings of aforesaid case as per the procedure prescribed under Section 67 read with Rule 67 of the U.P. Revenue Code Rules, 2016, if there is no legal impediment. The District Magistrate, Ayodhya shall also supervise the authority concerned so that the aforesaid cases related to encroachment be decided expeditiously. Order Date :- 7.11.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench