Manzoorul Haq Khan v. State of U.P. Thru. Prin. Secy. Revenue U.P. Lko. and 6 Others

Court No. - 6 Case :- WRIT - C No. - 10062 of 2023 Petitioner :- Manzoorul Haq Khan Respondent :- State Of U.P. Thru. Prin. Secy. Revenue U.P. Lko. And 6 Others Counsel for Petitioner :- Mohd. Nafeesh Quraishi,Gyan Prakash Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Rajnish Kumar,J. Heard Sri Mohd.Masood Raza holding brief of Sri Mohd. Nafeesh Quraishi learned counsel for the petitioner, Sri Abhishek Srivastava learned Standing counsel and Sri Pankaj Gupta learned counsel for the respondent no.7. Learned counsel for the petitioner submits that the opposite party nos.4 to 6 have made illegal encroachment on Gata no.1068, recorded as 'Talaab', Gata no.1069 recorded as 'Navin Parti' and Gata no.1070 recorded as 'Khalihaan' situated at Village-Sanbarsa (Gaideeh) P.P. Chamroopur, Tehsil-Utraula, District-Balrampur. No action has been taken by the respondents for removal of encroachment. Learned Standing counsel on the basis of instructions submits that the encroachment of opposite party no.4 and some other persons have been found on the plots in question. Therefore, the proceedings under Section 67 of U.P. Revenue Code, 2006 has been instituted for removal of encroachment which shall be disposed of expeditiously and after passing of the order under the said proceedings, further action shall be taken accordingly in accordance with law. Considering the nature of order proposed to be passed in this petition, issuance of notice to respondent nos.4 to 6 is dispensed with. In view of the above, without entering into the merits of the case, the petition is disposed of in terms of the statement of learned Standing counsel with a direction to the concerned authority to dispose of the proceedings under Section 67(1) of the U.P. Revenue Code, 2006 against the illegal encroachers of the aforesaid plots expeditiously within a time provided under the Act/Rules and pass appropriate order and thereafter the appropriate action shall be taken by the concerned opposite parties/authorities accordingly forthwith. (Rajnish Kumar,J.) Order Date :- 17.11.2023/Harshita High Court of Judicature at Allahabad, Lucknow Bench