Allahabad High Court
Santram vs State Of U.P. Thru. Prin. Secy. Depart. ... on 13 September, 2022
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 19 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 544 of 2022 Petitioner :- Santram Respondent :- State Of U.P. Thru. Prin. Secy. Depart. Revenue U.P. Lucknow And 7 Others Counsel for Petitioner :- Gyanendra Pathak Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J.
Heard.
The present petition has been filed for the following main reliefs:-
"(i) Issue a writ, order or direction in the nature of Mandamus thereby commanding the opposite party no. 3 to remove the encroachment over Gata No.-118/.0080 hectare, 118M/.008 hectare, 118M/.012 hectare, 118/.006 hectare made by opposite party no. 5 to 8 situted at Village-Katorva, Police Station Visheshwarganj, Tehsil Payagpur, District-Bahraich.
(ii) Issue a writ, order or direction in the nature of Mandamus thereby commanding the opposite party no.-3 to enforce its own order dated 15-11-2021 passed in Case No. 3140/2017 (State Vs. Ram Keval), Case No.-3143/2017 (State Vs. Rakesh), Case No.-3141/2017 (State Vs. Pappu), Case No. 3142/2017 (State Vs. Ruseram)."
On 08.09.2022, this Court has passed the following orders:-
"As prayed, list/put up on 13.09.2022 as fresh, to enable Sri Upendra Singh, learned Additional Chief Standing Counsel to seek complete instructions in the matter."
Sri Upendra Singh, learned Additional Chief Standing Counsel placed a copy of the instructions dated 11.09.2022 which bears signature of Tehsildar, Payagpur, District Bahraich, which is taken on record.
Based upon the instructions, Sri Upendra Singh, learned Additional Chief Standing Counsel has stated that over Gata No. 118 area 0.256 Hectre, which is recorded as "road" in the revenue record and over which some persons were found encroachers and against these encroachers the proceedings under Section 67 of the U.P. Revenue Code, 2006. The cases registered against these persons are computerized case nos. T201708150503142 (State Vs. Ruseram), T201708150503141 (State Vs. Pappu), T201708150503143 (State Vs. Rakesh) and T201708150503140 (State Vs. Ram Keval) and on 15.11.2021, these cases were decided.
He further submitted that encroachers namely Pappu, Ram Keval and Rakesh have been removed from the plot in issue, however as encroacher Ruseram has preferred an application dated 18.12.2021 for restoration of the case, he has not been removed from the plot in issue. The pending proceedings would be concluded expeditiously.
In the aforesaid circumstances, the present petition is disposed of with a direction to the respondent No. 3 i.e. Tehsildar/Assistant Collector, Tehsil-Payagpur, District-Bahraich to decide the pending proceedings against Ruseram and pass appropriate order in accordance with law expeditiously, as early as possible.
With the aforesaid observations, the petition is disposed of finally.
Order Date :- 13.9.2022 Jyoti/-