Allahabad High Court
CHANDRIKA YADAVversusSTATE OF U.P. AND 8 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The Court ordered the revenue authority to decide the pending applications within three months of the certified copy of the order.
Summary
Petitioner Chandrika Yadav filed a public interest litigation seeking removal of illegal obstructions recorded as Nali Tubewell on several plots in Azamgarh. The High Court earlier directed the petitioner to file applications under Section 67 of the U.P. Revenue Code, 2006, which resulted in Cases Nos. 488‑491 of 2026 pending before the revenue authority. The petitioner argued that Sub‑Rule (5) of Rule 67 of the U.P. Revenue Code Rules, 2016 mandates that such proceedings be concluded within three months, but no action had been taken. The Court examined whether the revenue authority was bound by the three‑month timeline and whether it could be directed to act. It held that the authority must decide the pending cases within three months of receiving the certified copy of the order. Accordingly, the petition was disposed with a direction to the respondent to pass appropriate orders within the stipulated period.
Issues considered
- Whether the revenue authority is required to conclude proceedings under Section 67 of the U.P. Revenue Code, 2006 within three months as per Sub‑Rule (5) of Rule 67, 2016.
- Whether the High Court can direct the authority to pass orders within a specific time‑frame.
Legislation cited
- U.P. Revenue Code, 2006 — s. 67
- U.P. Revenue Code Rules, 2016 — s. Rule 67 (Sub‑Rule 5)
Subjects
- public interest litigation
- revenue law
- obstruction removal
- Nali Tubewell
- Section 67
- Rule 67
- administrative delay
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2237 of 2026
Chandrika Yadav
.....Petitioner(s)
Versus
State Of U.P. And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ram Chandra Yadav
Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla
Court No. - 51
HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for
the respondent State. Sri Rameshwar Prasad Shukla, Advocate has accepted
notice on behalf of Gaon Sabha.
2. It is contended by learned counsel for the petitioner that he had earlier
approached this Court by filing PIL No. 869 of 2026 for a direction to the
revenue authorities to remove the illegal obstructions created over Plot
Nos.49, 58, 96 and 117, recorded as Nali Tubewell in the revenue records,
relating to Village Sarfuddinpur Bahar, Tehsil Sadar, District Azamgarh.
The said writ petition was disposed of with direction to move an appropriate
application before the authority concerned under Section 67 of the U.P.
Revenue Code, 2006. Pursuant to the said direction, the petitioner made
applications on which Case Nos. 488, 489, 490 and 491 of 2026 have been
registered, which are pending consideration. It is contended that according to
Sub-Rule (5) of Rule 67 of the U.P. Revenue Code Rules, 2016, the
proceeding was required to be brought to its logical end within three months.
However, till date no action has been taken.
3. In view of the aforesaid, the present writ petition is disposed of with
direction to the respondent no.2 to decide the Case Nos. 488, 489, 490 and
491 of 2026, by passing appropriate orders, in accordance with law, after
hearing the parties concerned, within a period of three months from the date
of presentation of a certified copy of this order.
September 18, 2026
Anil
(Arun Kumar,J.)
Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad
Checking your session…