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Allahabad High Court

CHANDRAJEET MANGAL PRAJAPATIversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The Court directed the Tehsildar to decide the pending case within two months of the order.

Summary

The petitioner filed a public interest litigation seeking a direction to the Tehsildar of Saidpur, Ghazipur to decide a pending revenue case (Case No. T202014290402787) concerning encroachment on a 1.0090 hectare plot recorded as land of Tal. The case, filed under Section 67(1) of the Uttar Pradesh Revenue Code, 2006, has been pending since 2020 and repeatedly adjourned without justification. The petitioner argued that the delay violated principles of speedy justice, while the State's standing counsel contended that the matter should be decided expeditiously in accordance with law. The Court, after hearing both sides, ordered the Tehsildar to pass an appropriate order after hearing all concerned parties within two months of receiving a certified copy of the judgment. Consequently, the petition was disposed with the directive for prompt disposal of the revenue case.

Issues considered

  • Whether the Tehsildar should be directed to decide the pending revenue case under Section 67(1) of the U.P. Revenue Code, 2006 within a specified time frame.

Legislation cited

Subjects

  • public interest litigation
  • U.P. Revenue Code
  • Section 67
  • encroachment
  • administrative delay
  • Tehsildar
  • expeditious disposal
  • land revenue

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               PUBLIC INTEREST LITIGATION (PIL) No. - 1190 of 2026

                                    Chandrajeet Mangal Prajapati
                                                                                                            .....Petitioner(s)
                                                                            Versus
                                    State Of U.P. And 4 Others
                                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)                 :   Ajai Kumar Singh Kushwaha
                                    Counsel for Respondent(s)                 :   Bhupendra Kumar Tripathi, C.S.C.

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

                                    1. Heard learned counsel for the petitioner and learned Standing Counsel for the State
                                    respondents. Sri B. K. Tripathi, Advocate has accepted notice on behalf of respondent
                                    Gaon Sabha.

                                    2. The present petition has been filed seeking a direction to the respondent -
                                    Tehsildar, Saidpur, Ghazipur to decide the Case No.T202014290402787 under
                                    Section 67(1) of the U.P. Revenue Code, 2006 registered against the encroachers in
                                    respect of plot no.643 area 1.0090 hectare recorded as Land of Tal in the revenue
                                    records relating to village Barwa Khurd, Tehsil-Saidpur, District Ghazipur.

                                    3. It is contended by the learned counsel for the petitioner that the aforesaid case is
                                    pending since the year 2020 and its proceedings are being routinely adjourned without
                                    any justifiable reason.

                                    4. Learned Standing Counsel submits that the aforesaid case shall be decided by the
                                    concerned authority, in accordance with law, expeditiously.

                                    5. In view of the aforesaid, the present petition is disposed of with direction to the
                                    respondent Tehsildar, Saidpur, Ghazipur to decide the aforementioned case, by
                                    passing appropriate order, in accordance with law, after hearing all the concerned
                                    parties, within a period of two months from the date of presentation of a certified copy
                                    of this order.

                                    May 6, 2026
                                    Ashok Kr.
                                                                                                         (Arun Kumar,J.)




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

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