Court No. - 47
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1213 of 2019 Petitioner :- Badri Nath Singh Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Rahul Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble J.J. Munir,J.
Learned counsel for the petitioner is permitted to implead, Fatima Hospital with their complete address as respondent no. 4 to this petition during the course of day.
This petition has been filed for the following relief:-
"(i) issue a writ, order or direction in the nature of Mandamus commanding /directing the respondent no. 3-Tehsildar (Judicial), Tehsil- Sadar, District - Mau to decide the Case No. T201815510101607 (Report vs. Fatima Hospital) under Section 67 U.P. Revenue Code, 2006 Mauza-Imiliya, Tehsil Sadar, District Mau."
The petitioner who has filed this petition in public interest claims to be a permanent resident of Village Mauza Imiliya, Tehsil sadar, District Mau. The grievance is that two plots bearing nos. 280 and 283 that are recorded in the Khatauni as Chak road have been encroached upon by respondent no. 4, Fatima Hospital, who have constructed a wall over the same. The petitioner as a public spirited native of village Imiliya, Tehsil Sadar, District Mau has moved an application under Section 67(2) of the U.P. Revenue Code seeking removal of the encroachment from the Chak road that vests in the Gaon Sabha. The said application was filed on 06.02.2018 and on the said date notice was issued to Fatima Hospital, a copy of which is on record at page 33 of the paper book. The case aforesaid was registered as Case No. T201815510101607 (Report vs. Fatima Hospital) under Section 67(1) of the Revenue Code. Objections were filed on behalf of Fatima Hospital on 27.09.2018 but thereafter the proceedings are lingering on.
Learned counsel for the petitioner has invited the attention of the Court to the four dates fixed during 2019 which no doubt are not very far apart, but all the dates are eventless on which no proceedings have been taken.
This Court is not expressing any opinion on the merits of the matter either way but an application under Section 67 of the Revenue Code is required by Rule 67(6) of the Uttar Pradesh Revenue Code Rules, 2016 to be decided within a period of 90 days from the date of the issue of show cause notice, and if proceedings cannot be concluded within that period, reasons for the same are required to be recorded.
A perusal of the record in the present case shows that show cause notice in these proceedings was issued on 06.02.2018 to respondent no. 4 but till date these proceedings have not been brought to an end. There is no endorsement on any of the dates in the order sheet showing record of any reasons for adjournment beyond the period of 90 days. Rather, the order sheet shows a very casual approach on the part of the Tehsildar who is in seisin of the matter.
After hearing learned counsel for parties and looking to the order this Court proposes to make, no notice is being issued to respondent no. 4 as no rights of parties are being decided. However, in case the 4th respondent feels aggrieved, it will be open to the 4th respondent to make an application in the decided matter.
This writ petition is, accordingly, disposed of ordering the Tehsildar (Judicial), Tehsil Sadar, District Mau before whom Case No. T201815510101607 (Report vs. Fatima Hospital) under Section 67 U.P. Revenue Code, Tehsil Sadar, District Mau is pending to decide the same within a period of six weeks from the date of receipt of a certified copy of this order positively, in accordance with law after hearing all parties concerned, including respondent no. 4. There shall be no order as to costs.
Order Date :- 29.5.2019 BKM/-