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2025 DAILYLAW 112539 (ALL)

SHIV PRASAD v. STATE OF U.P. AND 7 OTHERS

WPIL/2368/2024 · 2025-02-14

Chandra Kumar Rai

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:21480 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2368 of 2024 Petitioner :- Shiv Prasad Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Ram Chandra Yadav Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Chandra Kumar Rai,J. 1.Heard learned counsel for the petitioner, Mr. Hari Mohan Srivastava, learned Additional Chief Standing Counsel for the State-respondents and Mr.Rameshwar Prasad Shukla, learned counsel for the gaon sabha. 2.The instant public interest litigation has been filed for the following relief: "a. to issue a writ, order or direction in the nature of mandamus directing/commanding the respondent no.2/Assistant Collector/Tehsildar, Tehsil-Sadar, District-Azamgarh to take an appropriate actin against the respondents concerned and to restrain to same not to make any illegal construction over the Public utility land i.e. Gata No.709 situated as chak marg in the relevant revenue record/Khatauni of the village-Parupur, Teshil- Sadar, District-Azamgarh." 3. This Court vide order dated 09.01.2025/23.01.2025 directed the learned Standing Counsel to obtain instruction in the matter. 4. In compliance of the order of this Court dated 09.01.2025/23.01.2025, instruction dated 13.02.2025 sent by Tehsildar, Sadar, Azamgarh is taken on record. 5. Learned Additional Chief Standing Counsel for the State- respondents shall serve the copy of the instruction upon learned counsel for the petiotner during course of the day. 6. Mr. Hari Mohan Srivastava, learned Additional Chief Standing Counsel for the State-respondents on the basis of the instruction submitted that plot No.709 area 0.0430 hectare hectare is recorded as chak marg in the revenue record. He further submitted that during demarcation of the plot in question encroachment was found over the plot No.709, accordingly, proceeding under Section 67 of U.P. Revenue Code, 2006 has been registered before Tehsildar as case No. T2025150601660 and next date fixed in the matter is 28.02.2025. 7. Learned counsel for the petitioner submitted that proper direction be issued for expeditious disposal of the aforementioned proceeding within time bound period. 8. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present P.I.L. stands disposed of finally with a direction to respondent No.2./ Tehsildar, Tehsil-Sadar, District-Azamgarh to consider and decide the aforementioned proceeding under Section 67 of U.P. Revenue Code, 2006 in accordance with law expeditiously after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties. Order Date :- 14.2.2025 PS* Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad