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Ram Chandar Chauhan v. State Of U.p. And 5 Others

Ram Chandar Chauhan v. State Of U.p. And 5 Others

(High Court Of Judicature At Allahabad)

PUBLIC INTEREST LITIGATION (PIL) No. - 2779 of 2023 | 05-02-2024

Chandra Kumar Rai, J.

1. Heard Sri Awadhesh Kumar Malviya, learned counsel for the petitioner, Sri Jitendra Narain Rai, learned Addl. C.S.C. for the staterespondents and Sri Bhupendra Kumar Tripathi, learned counsel for the respondent-gaon sabha.

2. On 5.1.2024, this Court had passed the following order:-

"1. In compliance of the earlier order of this Court dated 11.12.2023, instruction dated 20.12.2023 has been placed before the Court which is taken on record.

2. Sri Anjani Kumar Chaurasia, learned Addl. C.S.C., on the basis of instruction, submitted that plot no.174, is recorded as pokhari in the revenue records and certain persons have been found in possession over the same. It is further submitted that an order for ejectment and damages was passed against certain persons but due to restoration application filed by the persons concerned as well as due to death of the alleged encroacher, fresh proceeding has been initiated and the same has been registered as Case Nos. T202214290501293, T202214290501294 & T202314290504361.

3. Mr. Chaurasia, learned Addl. C.S.C. shall serve a copy of the instruction upon the counsel for the petitioner during the course of the day who shall file reply to the facts mentioned in the instruction within 2 weeks.

4. Put up this matter as fresh on 23.1.2024."

3. Counsel for the petitioner submitted that appropriate direction be issued for conclusion of the pending proceeding under Section 67 of the U.P. Revenue Code, 2006 in respect to plot no.174 which is recorded as pond in the revenue records.

4. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this petition is disposed of with the direction to respondent no.3/Assistant Collector-I/Tehsildar, Tehsil Jakhaniya, Ghazipur to decide the aforesaid case Nos. T202214290501293, T202214290501294 & T202314290504361, as expeditiously as possible, preferably within a period of 3 months, from the date of production of a certified copy of this order before the authority concerned, after affording proper opportunity of hearing to the parties concerned, in accordance with law.

Advocate List
  • Awadhesh Kumar Malviya

  • C.S.C.,Bhupendra Kumar Tripathi

Bench
  • HON'BLE MR. JUSTICE CHANDRA KUMAR RAI
Eq Citations
  • 2024/AHC/19109
  • LQ/AllHC/2024/866
Head Note