Vinay Kumar Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and 5 Others

Court No. - 6 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1056 of 2023 Petitioner :- Vinay Kumar Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 5 Others Counsel for Petitioner :- Anil Kumar Shukla Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Rajnish Kumar,J. Heard, Shri Anil Kumar Shukla, learned counsel for the petitioner, Shri Yogendra Kumar Awasthi, learned Standing Counsel for respondents no.1 to 4 and Shri Govind Kumar Chaurasiya, Advocate holding brief of Shri Mohan Singh, learned counsel for respondent no.5. Submission of learned counsel for the petitioner is that the respondent no.6 who herself alongwith others had made a complaint on 10.05.2016 for encroachment over Gata No.827/area 4.205 hectare, situated at Village and Post-Moiya Kapoorpur, Tehsil-Sohawal, District-Ayodhya recorded as Talab in the revenue records has made encroachment on the same. Therefore the petitioner has filed this petition. Learned Standing Counsel on the basis of instructions submits that the encroachment of respondent no.6 has been found on the land in question, therefore, the proceedings under Section 67 of the U.P.Revenue Code 2006 have been instituted before the Tehsilar, Tehsil-Sohawal, District-Ayodhya today itself which has been registered as Case No.5880 of 2023. He further submits that the case shall be disposed of expeditiously fixing short dates in the case in accordance with law and after its disposal further appropriate action shall be taken accordingly forthwith. Considering the nature of order proposed to be passed issuance of notice to respondent no.6 is dispensed with. Without entering into the merit of the case the petition is disposed of in terms of statement of learned Standing Counsel with direction to the concerned court to decide the proceedings expeditiously and within the time provided under the Act/Rules fixing short dates and without granting unnecessary adjournments to either of the parties and thereafter the respondents shall take appropriate action forthwith accordingly.. . ...........................................(Rajnish Kumar,J.) Order Date :- 17.11.2023 Banswar High Court of Judicature at Allahabad, Lucknow Bench