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Allahabad High Court

DAYA SHANKERversusSTATE OF UTTAR PRADESH AND 4 OTHERS

Decided

Holding

The Court directed the Tehsildar to decide the pending revenue case within three months, thereby granting the relief sought.

Summary

In PIL No.1206 of 2026, petitioner Daya Shanker sought a court direction to the Tehsildar of Sadar, Basti to decide a pending revenue case (No.6273 of 2025) concerning encroachment on a public utility plot under Section 67(1) of the U.P. Revenue Code, 2006. The petitioner argued that the case had remained undecided despite initiation of proceedings. The State’s standing counsel contended that the matter should be decided expeditiously by the concerned authority. The High Court, after hearing counsel, directed the Tehsildar to pass an appropriate order after hearing all parties within three months of the certified copy of the order. The petition was consequently disposed with the said direction.

Issues considered

  • Whether the High Court can direct a revenue officer to decide a pending case under Section 67(1) of the U.P. Revenue Code, 2006 within a specified time frame

Legislation cited

Subjects

  • public interest litigation
  • administrative direction
  • U.P. Revenue Code
  • encroachment
  • expeditious disposal
  • revenue officer

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD

                                              PUBLIC INTEREST LITIGATION (PIL) No. - 1206 of 2026

                                    Daya Shanker
                                                                                                          .....Petitioner(s)
                                                                           Versus
                                    State Of Uttar Pradesh And 4 Others
                                                                                                        .....Respondent(s)

                                    Counsel for Petitioner(s)                    :   Rajesh Kumar
                                    Counsel for Respondent(s)                    :   C.S.C., Pankaj Kumar Gupta

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

                                    1. Heard learned counsel for the petitioner, learned Standing Counsel for the State
                                    respondents and Sri P. K. Gupta, learned counsel for the respondent Gaon Sabha.

                                    2. The present petition has been filed seeking a direction to the respondent no.3 -
                                    Tehsildar, Sadar, Basti to decide the Case No.6273 of 2025 (T202517140306273)
                                    under Section 67(1) of the U.P. Revenue Code, 2006, within stipulated period fixed by
                                    this Court.

                                    3. It is contended by the learned counsel for the petitioner that in respect of
                                    encroachment made by the encroachers over plot no.99 reserved for public utility
                                    service in Village Laukihava, Teshil Sadar, District Basti, proceedings under Section
                                    67(1) of the Code, 2006 have been initiated against the encroacher but the same has
                                    not been decided as yet.

                                    4. Learned Standing Counsel submits that the aforesaid case shalll 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 no.3 to decide the aforementioned case under Section 67(1) of the Code,
                                    2006, by passing appropriate order, in accordance with law, after hearing all the
                                    concerned parties, within a period of three months from the date of presentation of a
                                    certified copy of this order.

                                    May 7, 2026
                                    Ashok Kr.
                                                                                                       (Arun Kumar,J.)




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

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