Sushil Agrhari v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue Civil Sectt. Lko and 7 Others

Court No. - 8 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1146 of 2023 Petitioner :- Sushil Agrhari Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Civil Sectt. Lko And 7 Others Counsel for Petitioner :- Satish Kumar Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Pankaj Bhatia,J.

¶1The present petition has been filed with the following prayers: "(i) Issue a writ, order or direction in the nature of mandamus commanding/ directing the opposite parties to remove the illegal encroachment and illegal construction on land Gata No.71 which is mentioned as Talab (Pond) and Gata No.72 which is mentioned as Navin Parti in the revenue record situated in Village Khanuhat, Pargana Aldemau, Tehsil Jaisinghpur, District Sultanpur.

(ii) Issue a writ, order or direction in the nature of mandamus commanding/ directing the opposite parties to get free the land Gata No.71 and Gata No.72 situated in Village Khanuhat, Pargana Aldemau, Tehsil Jaisinghpur, District Sultanpur from the illegal possession of the opposite parties No.6 to 8 forthwith and to restore its original position, in the interest of justice."

¶2The learned Standing Counsel has produced the instructions to demonstrate that against the encroachers, proceedings under Section 67 of the U.P. Revenue Code have already been initiated and the matter is pending adjudication.

¶3In view thereof, the present petition is disposed off directing the respondents to decide Case No.T202304680700499 (Gaon Sabha vs Suresh Kumar), Case No.T202304680700492 (Gaon Sabha vs Raj Bahadur), Case No.T202304680700498 (Gaon Sabha vs Rakesh Kumar) and Case No.T202304680705542 (Gaon Sabha vs Sobhawati) with all expedition preferably within a period of three months from the date of production of a certified copy of this order.

¶4The instructions produced by the learned Standing Counsel is taken on record. Order Date :- 12.12.2023 akverma High Court of Judicature at Allahabad, Lucknow Bench