Court No. - 5
Case :- WRIT - C No. - 27227 of 2020 Petitioner :- Shriram Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Singh,Sanjeev Kumar Kushwaha Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner.
The petitioner by means of the present writ petition has prayed for the following main relief:-
"(I). Issue, a writ, order or direction in the nature of mandamus directing the court below, respondent no.2, Tehsildar, Tehsil Kasya, District Kushinagar to decide the case no.01242 of 2020 (Computer case no.T202005440401242) (Gaon Sabha Vs. Rampreet) under Section 67 of Uttar Pradesh Revenue Code-2006 pending in the court of Tehsildar, Tehsil Kasya, District Kushinagar expeditiously if possible within stipulated period to fixed by this Hon'ble Court."
It appears that proceeding under Section 67 of U.P. Revenue Code-2006 (hereinafter referred to as 'Code-2006') has been initiated against respondent no.3 for the alleged illegal possession over the land of Gaon Sabha.
A bare reading of Section 67(1) of Code-2006 provides that Section 67 (1) shall be initiated if the land of Gram Panchayat or other local authority if is damaged or misappropriated, or where any Gram Panchayat or other authority is entitled to take possession of any land under the provisions of this Code, the Bhumi Prabandhak Samiti or other authority shall inform the Assistant Collector concerned in the manner prescribed.
It is evident that provision under Section 67 of Code, 2006 shall be initiated only when land of Gram Panchayat or other local authority has been encroached upon. The petitioner has no concern with the land encroached upon nor he is a party in a proceeding under Section 67 of the Code-2006 instituted against respondent no.3. Therefore, present writ petition on behalf of petitioner is not maintainable, and as such the relief prayed for by the petitioner in the present petition cannot be granted.
Thus, for the reasons given given, the writ petition lacks merit and is accordingly, dismissed.
Order Date :- 6.1.2021 Sattyarth Digitally signed by Justice Saral Srivastava Date: 2021.01.07 18:36:50 IST Reason: Document Owner Location: High Court of Judicature at Allahabad