Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 101271 (ALL)

MOTI LAL v. STATE OF U.P. AND 8 OTHERS

WPIL/3036/2025 · 2025-10-08

Chandra Kumar Rai

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3036 of 2025 Court No. - 55 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard learned counsel for the petitioner, Sri T.P. Gupta, learned standing counsel for the state-respondents, Sri Ajay Singh, learned counsel for respondent no.5 and Sri Rameshwar Prasad Shukla, learned counsel for the respondent-gaon sabha. 2. The instant P.I.L. has been filed for the following reliefs:- a) Issue a writ, order or direction in the nature of the mandamus, commanding the respondents 3 and 4 to remove the encroachment over gata No. 635, area 0.0490 Hect. as well as Naveenparti, recorded in Revenue Record from the illegal possession of respondent nos. 7 to 9 which is situated at Village-Hadisa Dayalpur, Tehsil-Lalganj, District- Azamgarh (b). Issue a writ, order or direction in the nature of mandamus commanding respondent no. 5 to conclude the proceeding of Case No. 6694 of 2024 and Computerized No. T202415060406694, State Versus Anil and Others Under Section 67 U.P. Revenue Code 2006 within a stipulated period which is pending before the Respondent No. 5." 3. Counsel for the petitioner submitted that respondent no.3/District Magistrate and respondent no.4/Sub Divisional Magistrate be directed to take steps for removal of encroachment in respect to plot no.635, area 0.0490 hect. which is in illegal possession of private respondent nos. 7 to 9. It is further submitted that pending proceeding Versus Counsel for Petitioner(s) : R. A. Ram, Vipin Kumar Counsel for Respondent(s) : Ajay Singh, C.S.C., Rameshwar Prasad Shukla Moti Lal .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s) under Section 67 of the U.P. Revenue Code, 2006 be concluded within time bound period. 4. Learned standing counsel on the basis of the instruction dated 24.9.2025, sent by the Tehsildar, Lalganj, Azamgarh, which is taken on record, submitted that case under Section 67 of the U.P. Revenue Code, 2006, in respect to plot in question, is pending wherein the last date fixed was 30.9.2025, as such, the instant P.I.L. cannot be entertained. 5. Counsel appearing for the private respondent submitted that the instant P.I.L. should be dismissed as the instant petition has not been filed in public interest and material facts have not been disclosed in the instant P.I.L. regarding pendency of the proceeding between the parties. 6. I have considered the arguments advanced by learned counsel for the parties and perused the records. 7. There is no dispute about the fact that the proceeding under Section 67 of the U.P. Revenue Code, 2006 is pending before the Tehsildar in respect to the plot in dispute. 8. No interference is required in the matter. 9. The Public Interest Litigation is dismissed accordingly. October 9, 2025 C.Prakash WPIL No. 3036 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad