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Allahabad High Court

MOHAMMAD RAZZAKversusSTATE OF U.P. AND 5 OTHERS

Decided

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

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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