Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1669 of 2021 Petitioner :- Krishnawati Devi Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Dinesh Pathak,J.
Heard Sri Rajesh Kumar Singh, learned counsel for the petitioner, Sri Sudhir Bharti, learned counsel for the Gaon Sabha/respondent no. 5, learned Standing Counsel represents respondent nos. 1 to 4 and perused the record.
The present writ petition has been filed with the following prayer:
"i) issue a writ, order or direction in the nature of mandamus commanding and directing the respondent nos. 1 to 5 to dispossess the respondent nos. 6 yo 9 from the Gram Sabha land/public land i.e. Arazi No. 290, area 0.0120 hectare recorded as "Hadwari" situated in village Jungle Siswa, Tappa-Chauraha Badgao, Pargana Sidhua Jobana, Tehsil Tamkuhiraj, District Kushinagar.
ii) issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to decide the representation/complaint of the petitioner 27.8.2020 by passing reasoned and speaking order within stipulated period as fixed by this Hon'ble Court."
Learned Standing Counsel and learned counsel for the Gaon Sabha, however, contended that petitioner has an alternative and efficacious remedy to move an application under Section 67 of the U.P. Revenue Code, 2006, with respect to his grievance as made in the present writ petition.
In this conspectus as above, no useful purpose would be served to keep this matter pending, therefore, this court deems it appropriate to finally dispose of the present writ petition filed in the nature of public interest litigation (PIL), without making any observation on the merits of the case as mentioned in the present writ petition, with a direction that petitioner is at liberty to move a fresh representation, within period of three weeks from today, qua his grievances as mentioned in the present writ petition along with copy of this order before Tehsildar, Tehsil Tamkuhiraj, District Kushinagar, (respondent No.4), who shall take action and initiate legal proceeding under the relevant provisions of U.P. Revenue Code, 2006 read with U.P. Revenue Code Rules, 2016 and conclude the same in accordance with law expeditiously, preferably, within a period of thre months from the date of receipt of the aforesaid representation.
The petitioner shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad supported by an affidavit, which shall be verified by the concerned authority from the website of the High Court, Allahabad.
With the aforesaid observation, present writ petition is disposed of.
Order Date :- 7.10.2021 Ravi Prakash