Neutral Citation No. - 2025:AHC:35373 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2384 of 2024 Petitioner :- Prakash Narayan Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Indra Dev,Purna Deo Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard learned counsel for the petitioner, Sri Hari Mohan Srivastava, learned Addl. C.S.C. for the state-respondents and Sri Bhupendra Kumar Tripathi, learned counsel for the respondent-gaon sabha. 2. The objection on behalf of the petitioner filed in reply to the instruction filed by the State is taken on record. 3. The instant public interest litigation has been filed for the following reliefs:- (a) Issue a writ, order or direction in the nature of mandamus, commanding and directing the respondents/state authorities to remove/clear the gata no. 306 (chak road), gata no.305 (Khalihan), gata no.316 (pond/talab) and gata no.303 gha (ushar), situated at Gram Panchayat Amodh, Pargana Mungra, Badshahpur, Tehsil Machhlishahar, District Jaunpur recorded as public utility land in the revenue records. (b) Issue a writ, order or direction in the nature of mandamus, commanding and directing the respondent nos. 2 & 3 to bestow the kind consideration to the application dated 24.10.2024 and further to take legal action against responsible persons in accordance with law." 4. On 5.2.2025, following order was passed by this Court:- "1. In compliance of the order dated 16.01.2025 instruction dated 03.02.2025 sent by Tehsildar Machhlishar, Jaunpur placed before the Court, is taken on record. 2. Heard Counsel for the petitioner, Mr. Nand Lal Maurya, learned Standing Counsel for the State-respondents and Mr. Bhupendra Kumar Tripathi, learned counsel for respondent No.6/Land Management Committee. 3.Mr. Nand Lal Maurya, learned Standing Counsel for the State- respondents on the basis of the instruction submitted that in respect to the plot No.306, which is recorded as chak marg. Case No.T202414360306531 and T202414360306532 are pending before Tehsildar and next date fixed in the proceeding is 26.02.2025. He further submitted that plot No.303 Ka, 303 kha and 303 Ga are recorded in the name of private tenure holders. He submitted that plot No.303 Gha is recorded as User and petitioner has encroached the area 0.012 hectare accordingly, proceeding under Section 67 of U.P. Revenue Code, 2006 has been registered as case No.T202414360308337 and the next date is fixed 24.02.2025. He further submitted that in view of the encroachment made by petitioner over plot No.303 Gha, the instant public interest litigation is liable to be dismissed with cost against the petitioner. 4. Learned counsel for the petitioner shall address the court on the next date as to why public interest litigation is not dismissed with cost in view of the pendency of the proceeding under Section 67 of U.P. Revenue Code, 2006 against the petitioner in respect to the plot No.303 Gha area 0.012 hectare, which is recorded as User in the revenue record. 5. Mr. Nand Lal Maurya, learned Standing Counsel for the State- respondents is directed to serve the copy of the instruction upon learned counsel for the petitioner during course of the day. 6. Put up this matter as fresh on 27.02.2025." 6. Counsel for the petitioner submitted that petitioner is not aware about the proceeding registered against him under Section 67 of the U.P. Revenue Code, 2006. He submitted that the petitioner is not in possession over plot no.303 gha which is recorded as Ushar rather the petitioner is in possession over his adjacent bhoomidhari plot no.304. He submitted that petitioner will appear in the proceeding registered against him under Section 67 of the U.P. Revenue Code, 2006 and contest the same in accordance with law. 7. I have considered the arguments advanced by learned counsel for the parties and perused the records. 8. There is no dispute about the fact that three cases have been registered against the persons who have been found in illegal possession over the plots in dispute including the petitioner as Case Nos.T202414360306531, T202414360306532 and T202414360308337. 9. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the instant public interest litigation is disposed of with the direction to respondent no.4/Tehsildar, Tehsil Machhlishahar, District Jaunpur to decide the aforesaid proceedings under Section 67 of the U.P. Revenue Code, 2006, expeditiously, after affording proper opportunity of hearing to the parties concerned, in accordance with law. Order Date :- 11.3.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad