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Allahabad High Court

SHIVAM CHAUHANversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court directed the second respondent to decide the pending proceedings within three months, thereby disposing the petition.

Summary

The petitioner, Shivam Chauhan, filed a public interest litigation before the Allahabad High Court seeking a direction to the second respondent to decide a pending revenue proceeding (Case No. T20250190101398) concerning illegal encroachment in Village Nauner, Mainpuri. The proceeding is under Section 67 of the U.P. Revenue Code, 2006 and has been pending since 2025 despite a report submitted by revenue authorities. The petitioner argued that the matter was being delayed at the behest of the encroachers. The Court examined the petition and the standing of the respondents. It directed the second respondent to pass an appropriate order after hearing the parties, within three months of the certified copy of the order. The petition was consequently disposed with the said direction.

Issues considered

  • Whether the Court should issue a direction to the respondent to decide the pending revenue proceeding under Section 67 of the U.P. Revenue Code, 2006 within a specified time.

Legislation cited

Subjects

  • Public Interest Litigation
  • Revenue Law
  • Illegal Encroachment
  • Section 67
  • Writ Petition
  • Direction
  • Allahabad High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                              PUBLIC INTEREST LITIGATION (PIL) No. - 1183 of 2026

                                    Shivam Chauhan
                                                                                                .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 3 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)      : Rakesh Kumar Rathore, Sanjeev
                                                                     Kumar
                                    Counsel for Respondent(s)      : Avinash Chandra Srivastava, C.S.C.

                                    Court No. - 55
                                                         HON'BLE ARUN KUMAR, J.

                                    1. Heard learned counsel for the petitioner and learned Standing Counsel
                                    for the respondents State. Sri Avinash Chandra Srivastava has accepted
                                    notice on behalf of respondent no.3.

                                    2. The present writ petition has been filed for a direction upon respondent
                                    no.2 to decide the proceedings of Case No. T20250190101398 (Gaon
                                    Sabha Vs. Hari Singh) relating to Village Nauner, Tehsil Sadar, District
                                    Mainpuri, within a time frame as fixed by this Court.

                                    3. It is contended by learned counsel for the petitioner that the proceeding
                                    under Section 67 of the U.P. Revenue Code, 2006 is pending against the
                                    illegal encroachers since 2025. The report has already been submitted by
                                    the revenue authorities but the matter is being lingered on at the behest of
                                    the encroachers.

                                    4. In view of the aforesaid, this writ petition stands disposed of with a
                                    direction upon the respondent no.2 to decide the pending proceedings, as
                                    noticed above, by passing appropriate order, in accordance with law, after
                                    affording opportunity of hearing to the parties concerned, within a period
                                    of three months from the date of presentation of certified copy of this
                                    order.



                                                                                             (Arun Kumar,J.)
                                    May 6, 2026
                                    Anil




Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad


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