Allahabad High Court
Yousuf Ashique Ali Chaudhary vs State Of U.P. And 9 Others on 5 February, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:19543 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2653 of 2023 Petitioner :- Yousuf Ashique Ali Chaudhary Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Pankaj Kumar Rai,Bhism Shankar Yadav,Sandeep Maniji Bakhshi Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta Hon'ble Chandra Kumar Rai,J.
1.In compliance of the order of this Court dated 15.12.2023 Mr. Mridul Kumar, learned Standing Counsel for the State-respondents placed the instruction dated 14.12.2023 before this Court, which is taken on record.
2. Heard learned counsel for the petitioner, Mr. Mridul Kumar, learned Standing Counsel for State-respondents and Mr. Pankaj Kumar Gupta, learned counsel for respondent No.4-Gaon Sabha.
3. The instant petition has been filed for following relief:
"(I). To issue a writ. order or direction in the nature of mandamus in the public interest, commanding the respondents no 4 to comply his own order order dated 17.10.2022 passed in case no 4276/2022 (State versus Abdul Bahab), Case no 4278/2022 (State versus Tafseer Ahmad), case no 4278/2022 (State versus Abdul Mobin), case no 4280/2022 (State versus Shakeel Ahmad) and order dated 27.12.2022 passed in case no Case no 4277/2022 (State versus Mohd Ayub).
(II) To issue a writ, order or Direction in the nature of Mandamus directing the respondent no 4 to decide the case no case is registered as case no Case T202317630302892 /2023 (State versus A. Mobin), Case no 3530 of 2022 (State versus A. Bahav), Case No. 3533/2023 (State (State versus Ayub), case 3534/2023 (State vs versus A. Mobin). Case no 3535/2023 (State versus Mohd. Shakeel), case no 3526of 2023 (State vs. Moh. Tafseer) expeditiously as soon as possible.
(III) to issue a writ, order or direction in the nature of Mandamus directing the respondent no 4 to consider the grievance of the villagers including petitioner regarding encroachment and over the aforesaid encroachment the respondent no 4 may be directed be removed in Village-Dophediya, Tappa- Kot, Pargana- Bansi Paschim, Tehsil- Itwa, and District Siddhartha Nagar.
IV) to issue any other suitable writ, order or direction which this Hon ble Court may deem just fit and proper in the facts and circumstances of the present case in order to meet the ends of justice.
(V) to award the cost of this writ petition in favour of the petitioner.
4. Counsel for the petitioner submitted that plot No. 84 area 0.0860 hectare is recorded as banjar class 5-3 category land, plot No. 621 area 0.0770 hectare is recorded as Navin Parti Class 5-1 category land and plot No. 626 area 0.0510 hectare is recorded as Garhi Class 6-1 category land in the revenue record and private respondents are in illegal possession over the same. He further submitted that proceeding under Section 67 of U.P. Revenue Code, 2006 are pending before Tehsildar as such necessary direction be issued for expeditious disposed of pending proceeding in accordance with law. He further submitted that in respect to plot No.621 and 626 proceeding under Section 67 of U.P. Revenue Code 2006 are pending and in respect to plot No. 84 restoration proceedings are pending.
5. Mr. Mridul Kumar, learned Standing Counsel for the State-respondents on the basis of the instruction dated 14.12.2023 submitted that against order dated 17.10.2022 passed in Case No.4278/2022 and 4276/ 2022 as well as order dated 27.12.2022 passed in Case No.4277/2022, restoration applications have been filed by the person against whom, order for ejectment and damages have been passed by the Tehsildar. He further submitted that last date fixed in the restoration proceeding was 15.12.2023.
6. Learned Counsel for the petitioner submitted that order sheet of cases are annexed as such proper direction be issued to the respondent No.3-Tehsildar to conclude the aforementioned proceeding in respect to plot Nos. 84, 621 and 626 in accordance with law.
7. Considering the facts and circumstances of the case, the instant public interest litigation is finally disposed of directing the respondent No.3 Tehsildar to decide the restoration application dated 03.06.2023 and 09.06.2023 filed against the order dated 17.10.2002 and 27.12.2022 in respect to plot No. 84 passed in Case Nos. 4276 of 2022, 4277 of 2022, 4278 of 2022, 4279 of 2022 and 4280 of 2022 after providing opportunity of hearing to the parties expeditiously preferably within a period of two months from the date of production of certified copy of this order before him.
8. It is further directed that respondent No.3 Tehsildar shall also conclude the proceeding of Case numbers i.e. (1) Case No.T202317630302892 of 2023 (State vs. A Mobin) (2) Case No.3530 of 2022 (State Vs. A Bahav) (3) Case No.3533 of 2023 (State vs. Ayub) (4) Case No. 3534 of 2023 (State vs. A Mobin) (5) Case No. 3535 of 2023 (State vs. Mohd. Shakeel) and (6) Case No.3536 of 2023 (State vs. Mohd. Tafseer) in respect to plot Nos. 621 and 626 after affording opportunity of hearing to the parties expeditiously preferably within a period of three moths from the date of production of certified copy before him.
Order Date :- 5.2.2024 PS*