Court No. - 9
Case :- WRIT - C No. - 12592 of 2019 Petitioner :- Deenanath Sharma Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Krishna Kumar,Shiv Nath Singh Counsel for Respondent :- C.S.C.,Ram Babu Yadav
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State- respondents.
The instant writ petition has been filed, seeking a mandamus, directing the respondents to take appropriate action against the respondent Nos. 4 and 5, who are alleged to have encroached upon land belonging to the Gaon Sabha.
Earlier instructions was received that proceedings under Section 67 of the UP Revenue Code, 2006, for eviction of the unauthorized occupants, namely, respondent Nos. 4 and 5, have already been initiated. On the receipt of these instructions, an order was passed on 06.05.2019 calling upon learned Standing Counsel to obtain fresh instructions regarding the progress of the case under Section 67 of the UP Revenue Code, 2006 initiated against the respondent Nos. 4 and 5.
Thereafter, from the fresh instructions received it transpired that the court of Tehsildar was lying vacant.
Today, on the matter being called out, learned Standing Counsel on the basis of instruction received has made a statement that the work of the Tehsildar (Judicial) Sadar, Mirzapur has been allocate to another officer and that the case under Section 67 of the UP Revenue Code, 2006 shall be decided within a period of two months from today.
Under the circumstances, this writ petition is disposed of directing the Tehsildar, seized of the matter, to decide the case under Section 67 of the UP Revenue Code, 2006 instituted against the respondent Nos. 4 and 5, positively within a period of three months from the date a certified copy of this order is filed before him.
Order Date :- 21.8.2019 Priyanka