Allahabad High Court
Jagdish Prasad vs State Of U.P. And 4 Others on 26 July, 2021
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- WRIT - C No. - 13978 of 2021 Petitioner :- Jagdish Prasad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rafiuddin Ansari Counsel for Respondent :- C.S.C. Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and perused the record.
With the consent of the parties, the writ petition is disposed of at the admission stage.
Present petition has been filed with a prayer to direct the Sub Divisional Magistrate/ Assistant Collector Chayal District Kaushambi i.e. Respondent No. 3 to decide the application dated 22.12.2020 under Section 67 of U.P. Revenue Code bearing Case No. ... 2020 (Jagdish Prasad Vs. State of U.P. through collector and another) within stipulated period.
Petitioner has earlier approached this Court by way of filing P.I.L No. 1174 of 2020 (Jagdish Prasad vs. State of U.P. And 6 Others), which was dismissed by this court vide order dated 24.11.2020, which is quoted as under:-
" To get the dispute raised in this petition for writ adjudicated, an effective alternative remedy is available to the petitioner under Section 67 of the U.P. Revenue Code, 2006.
We do not find any just reason to entertain this petition for writ ignoring the statutory remedy referred to above.
The writ petition, hence, is dismissed. The petitioner is at liberty to avail appropriate remedy. "
Thereafter, petitioner initiated proceedings under Section 67 of the U.P. Revenue Code, 2016, which are still pending for consideration.
In view of the aforesaid, it would serve no purpose to keep the writ petition pending, and therefore, it is directed that if the aforesaid proceedings are still pending, the Assistant Collector shall inquire into the allegations made by the petitioner after following the procedure prescribed under Section 67 of the Uttar Pradesh Revenue Code, 2006 read with Rule 67 of the Uttar Pradesh Revenue Code Rules, 2016 and pass appropriate orders within a period of three months from the date of production of self- attested copy of this order, which may be verified from the official website of this Court.
In case the allegations of the petitioner are found to be true the Assistant Collector shall ensure that the encroachments over the Gaon Sabha land are removed within a period of one month thereafter unless the order of Assistant Collector is stayed by any superior authority or court in any appeal or revision filed against the order of Assistant Collector.
It is clarified that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 26.7.2021 Aditya