Allahabad High Court
MOHAMMAD RAZZAKversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The court directed the respondent to decide the pending proceedings within one month, after affording a hearing to the parties.
Summary
The petitioner, Mohammad Razzak, filed a public interest litigation seeking a direction to the fourth respondent to decide a pending criminal case (State vs. Peer Mohammad, case No. 03289/2020) that arose under Section 67 of the Uttar Pradesh Revenue Code, 2006. The petitioner alleged that the proceeding against illegal encroachers had been unduly delayed since 2020. The court examined the petition and found no substantive objection to ordering the respondent to act. Consequently, the High Court directed the fourth respondent to pass an appropriate order on the pending case after hearing the parties, within one month of receiving the certified copy of the order. The petition was disposed of with this direction.
Issues considered
- Whether the respondent No.4 should be directed to decide the pending case No.03289/2020 under Section 67 of the U.P. Revenue Code, 2006?
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 67
Subjects
- Public Interest Litigation
- Section 67
- U.P. Revenue Code
- illegal encroachment
- pending proceedings
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2180 of 2026
Mohammad Razzak
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohammad Murtaza Khan,
Mohammad Mustafa
Counsel for Respondent(s) : C.S.C., Pankaj Kumar Gupta
Court No. - 51
HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel
for the respondents State. Sri Pankaj Kumar Gupta has accepted notice on
behalf of Gaon Sabha.
2. The present writ petition has been filed seeking a direction to the
respondent no. 4 to decide Case No. 03289/2020 bearing
T202017630303289 (State Vs. Peer Mohammad), arising out of
proceedings under Section 67 of the U.P. Revenue Code, 2006.
3. It is contended by learned counsel for the petitioner that the proceeding
under Section 67 of the Code is pending against the illegal encroachers
since the year 2020 and 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. 4 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 one month from the date of presentation of certified copy of this order.
(Arun Kumar,J.)
September 14, 2026
Ranjeet Sahu
Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad
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