Allahabad High Court
Smt. Arti Devi vs State Of U.P. And 4 Others on 24 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 52 Case :- WRIT - C No. - 10630 of 2023 Petitioner :- Smt. Arti Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dinesh Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Kshitij Shailendra,J.
1. Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel and learned Standing Counsel for the State-respondents.
2. The petitioner has filed Writ C No.20103 of 2022 (Arti Devi v. State of U.P. & 3 Ors.), however, the same was got dismissed as withdrawn on the prayer made by the learned counsel for the petitioner with liberty to file an application under Section 26 of the U.P. Revenue Code 2006 (in short 'the Code-2006'). A direction was issued under the order dated 21.07.2022 to the effect that, in case, any proceedings are initiated under Rule 26 (infact Section 26) of the U.P. Revenue Code 2006, the same shall be decided expeditiously.
3. Learned counsel for the petitioner submits that pursuant to the order dated 21.07.2022, the petitioner filed an application dated 27.07.2022 before the Tehsildar concerned titled as application 'under Section 26 of the U.P. Revenue Code 2006' which is pending.
4. This writ petition has been filed with a prayer that the Tehsildar be directed to remove encroachments made by respondent nos.4 and 5 over Gata Nos.514 and 520.
5. Learned Additional Chief Standing Counsel as well as learned Standing Counsel jointly pointed out that in the application dated 27.07.2022, the petitioner herself has referred to Gata Nos.514 as "Pokhari" and Gata No.520 as "Khalihan". The same position stands reflected from the revenue records. They further submit that though the title of the application is under Section 26 of the Code-2006, however, prayer is covered by Section 67 of the Code-2006.
6. In order to avoid future complications and get lawful decision in the matter, this writ petition is disposed off in the following terms:-
(a). The petitioner's application dated 22.07.2022 titled under Section 26 of the Code-2006 shall be treated as complaint under Section 67(2) of the Code-2006.
(b). The court concerned shall issue notice to the respondent nos.4 and 5 in the said proceedings after allotting computerized number to the same under Section 67 of the Code-2006 within three weeks from today.
(c). The proceedings shall be decided after providing full opportunity of hearing to the concerned respondents as well as petitioner expeditiously, preferably, within a period of six months after following the law laid down by this Court in Rishipal Singh Vs. State of U.P. and others: 2023 (1) AWC 4 and in Leellu Vs. State of U.P. and others: 2023 (3) ADJ 97.
Order Date :- 24.4.2023 Jyotsana