Allahabad High Court
Girish Tiwari vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 7 April, 2023
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 5 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 271 of 2023 Petitioner :- Girish Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Panchayati Raj Lko. And 6 Others Counsel for Petitioner :- Pankaj Kumar Shukla Counsel for Respondent :- C.S.C.,Pankaj Gupta,S M Singh Royekwar Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Pankaj Kumar Shukla, learned counsel for the petitioner, Sri Yogesh Kumar Awasthi, learned Standing Counsel for the State-respondents, Sri S.M. Singh Royekwar, learned counsel appearing on behalf of respondent No.4 i.e.Territory Manager, Bharat Petroleum Corporation Ltd., Gonda and Sri Girdhari Lal Shukla, learned counsel, who has filed Vakalatnama on behalf of respondent No.7, the same is taken on record. However, notice on behalf of respondent No.6/ Gaon Sabha concerned has been accepted by Sri Pankaj Gupta, learned counsel.
By means of this writ petition, the petitioner has prayed for the following reliefs:-
"(i) to issue a writ, order or direction in the nature of mandamus thereby commanding the opposite parties/ authorities concerned to ensure release of Gaon Sabha land of Gata No.509/0.1300 hectare recorded as Banjar land in the revenue record situated at Village-Mahadeva, Pargana & Tehsil-Sadar, District-Gonda and restore it to its original number.
(ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite party No.1 to initiate inquiry against inaction on the part of the authorities concerned in not removing encroachment from Gaon Sabha land bearing Gata No.509/0.1300 hectare recorded as Banjar land in the revenue record situated at Village-Mahadeva, Pargana & Tehsil-Sadar, District-Gonda, in order to punish the guilty persons/ authorities."
Sri Yogesh Kumar Awasthi, learned Standing Counsel has produced the copy of instructions letter dated 24.03.2023 preferred by the Sub-Divisional Officer, Tehsil-Sadar, District-Gonda addressing to the Chief Standing Counsel annexing therewith the detailed comments of the issue in question as well as some correspondences made between the parties etc. the same are taken on record.
As per para-9 of the instructions letter dated 24.03.2023, two cases under Sections 66 of U.P. Revenue Code, 2006 bearing Case No. 03277/2018, Computerized No.D201808300003277 (State vs. Mohan Lal) and Case No. 03277/2018, Computerized No.D201808300003277 (State vs. Mohan Lal) are pending consideration before the Chief Revenue Officer, Devi Patan, District-Gonda wherein the next date is fixed for 19.04.2023.
Learned Standing Counsel, on the basis of instructions, has stated that the aforesaid two cases would be decided by the Competent Authorities with expedition strictly in accordance with law, therefore, the prayer of the present petition may not be granted till final disposal of the aforesaid two cases.
Having heard learned counsel for the parties and having perused the material available on the record as well as the instructions dated 24.03.2023 to the effect that two cases are pending considering before the Chief Revenue Officer, Devi Patan, Gonda under Section 66 of U.P. Revenue Code, 2006 wherein the next date is fixed on 19.04.2023, therefore, without entering into merits of the issue, I hereby dispose of finally this Public Interest Litigation Petition at the admission stage directing the Chief Revenue Officer, Devi Patan, Gonda to decide the aforesaid two cases strictly in accordance with law by affording an opportunity of hearing to the parties concerned with expedition i.e. within time frame as per law.
Order Date :- 7.4.2023 [Rajesh Singh Chauhan,J.] Suresh/