Allahabad High Court
SUDARSHAN YADAVversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The High Court directed the Tehsildar to decide the pending case under Section 67 of the U.P. Revenue Code, 2006 within two months, thereby granting the relief sought.
Summary
The petitioner, Sudarshan Yadav, filed a public interest litigation seeking a court direction to the Tehsildar of Kaptanganj Tehsil to decide a pending case (No. T202405440603317) concerning encroachments on public utility land under Section 67 of the U.P. Revenue Code, 2006. The petition alleged that the case had been pending since 2024 without resolution. The court examined whether it could intervene and prescribe a time‑frame for the Tehsildar to adjudicate the matter. Finding no impediment, the court ordered the Tehsildar to decide the case in accordance with law after hearing all parties, within two months of receiving a certified copy of the order. The petition was consequently disposed with the said direction.
Issues considered
- Can a High Court, on a PIL, direct a Tehsildar to decide a pending case under Section 67 of the U.P. Revenue Code, 2006 within a specified period?
- Is the petition maintainable for seeking such a direction to enforce timely disposal of encroachment proceedings?
Legislation cited
- U.P. Revenue Code, 2006 — s. 67(1)
Subjects
- Public Interest Litigation
- Encroachment
- Public Utility Land
- Section 67
- U.P. Revenue Code, 2006
- Tehsildar
- Direction
- Pending case
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2276 of 2026
Sudarshan Yadav
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Lalji Yadav, Yashpal Yadav
Counsel for Respondent(s) : C.S.C., Sudhir Bharti
Court No. - 51
HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel
for the State respondents. Sri Sudhir Bharti, Advocate has accepted
notice on behalf of respondent Gaon Sabha.
2. The present petition has been filed seeking a direction to respondent
no. 2 - Tehsildar, Tehsil Kaptanganj, District Kushinagar to decide the
Case No. T202405440603317 registered against the encroachers under
Section 67 of the U.P. Revenue Code, 2006, within a specific period as
fixed by this Court.
3. It is contended by the learned counsel for the petitioner that in respect
of the encroachments found over the land reserved as public utility land,
proceeding under Section 67(1) of the U.P. Revenue Code, 2006 has been
initiated against the encroachers, which is pending before the Tehsildar
since 2024.
5. In the facts and circumstances, the present petition is disposed of with
direction to the respondent no. 2 to decide the aforementioned case under
Section 67(1) of the Code, 2006, pending before him, in accordance with
law, after hearing all the parties concerned, within a period of two months
from the date of presentation of a certified copy of this order.
(Arun Kumar,J.)
September 23, 2026
Ashok Kr.
Digitally signed by :-
ASHOK KUMAR
High Court of Judicature at Allahabad
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