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Allahabad High Court

SUDARSHAN YADAVversusSTATE OF U.P. AND 3 OTHERS

Decided

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

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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