Allahabad High Court
Sukroo And Another vs State Of U.P. Thru. Prin. Secy. Revenue ... on 13 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 28 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 560 of 2022 Petitioner :- Sukroo And Another Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Civil Secrtt. Lko. And 18 Others Counsel for Petitioner :- Devendra Pratap Singh,Raja Babu Gupta Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Om Prakash Shukla,J.
On several occasions, it appears that the Counsel for the petitioners is continuously filing illness slips. Today when the matter is called up, the petitioners' Counsel is missing again. Shri Yogendra Kumar Awasthi, learned Standing Counsel for the State-respondents and Shri Mohan Singh, learned Counsel for the Gram Sabha are present.
Learned Counsel for the petitioners in the present PIL has prayed for issuance of writ in the nature of Mandamus directing the opposite party no. 3 to take appropriate decision on the representation/complaint of the petitioners dated 26.03.2022 for removal of encroachment on the public utility land.
Learned State Law Officer has drawn the attention of this Court to Paragraph 3 of the personal affidavit filed by the opposite party no. 2 i.e. District Magistrate, Barabanki wherein it is mentioned that regarding illegal encroachment on Gata No's. 1454, 1479, 1455 and 1458Kha, a spot inspection was conducted and the said Gata's were found to be under illegal encroachment. Thereafter, eviction proceedings under Section 67 (1) of the U.P. Revenue Code, 2006 has been initiated against the illegal encroachers which is pending in the Court of Tehsildar, Ramsanehighat.
In view of the submissions made by the learned State Law Officer, it is hereby directed that the authority concerned shall conclude and decide the pending proceedings under Section 67(1) of the U.P. Revenue Code, 2006 expeditiously and preferably within a period of three months, as per its own merits, in accordance with law from the date of production of a copy of this order. Apparently, there is no representation from the side of the petitioner which shows that the cause for filing the present writ petition has either been already redressed or it no longer survives.
In view of the above, the present writ petition disposed of.
Order Date :- 13.12.2022/Lokesh Kumar