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2025 DAILYLAW 11941 (ALL)

LAL BAHADUR PATEL v. STATE OF U.P. AND 5 OTHERS

WPIL/187/2025 · 2025-03-06

Chandra Kumar Rai

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:33624 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 187 of 2025 Petitioner :- Lal Bahadur Patel Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vinay Kumar Patel Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Vinay Kumar Patel, learned counsel for the petitioner, Mr. Bhupendra Kumar Tripathi, learned counsel for the Gaon Sabha and Mr. Arunesh Singh, learned Standing Counsel for the State-respondents. 2. The instant writ petition has been filed for the following reliefs:- " a). Issue a writ order or direction in the nature of mandamus commanding and directing the respondent Nos.2 and 3 to remove illegal encroachment of the respondent Nos.5 and 6 over the Arazi No.1009Ka/0.1050 hectare situated at Village Karnauli, Pargana Garhwara, Tehsil Machhalishahar, District Jaunpur, which is registered as Garaha (Public Utility Land) in the revenue record of fasli year 1428-1433 and to take necessary action against the responsible person. b). Issue a writ order or direction in the nature of mandamus commanding and directing the respondent Nos.2 and 3 to take appropriate decision upon the application of the petitioner dated 31.12.2024 and 04.01.2025 pending before them, within stipulated period as may be fixed by this Hon'ble Court." 3. This Court vide order dated 27.01.2025 directed the learned counsel for the State and the Gaon Sabha to obtain instructions in the matter. In compliance of the order of this Court, instruction dated 05.03.2025 sent by Tehsildar Machhalishahar, District Jaunpur, is taken on record. 4. Mr. Bhupendra Kumar Tripathi, learned counsel for the Gaon Sabha, on the basis of instruction, submits that Plot No.1009Ka area 0.105 hectare is recorded as class- 6(1) category plot in the revenue record and during the course of demarcation of the plot in question encroachment of certain persons were found. Accordingly, proceedings under Section 67 (1) of the U.P. Revenue Code, 2006 has been registered as Case No.T202514360302941. He further submits that next date fixed in the proceedings is 07.04.2025, as such, after disposal of the aforementioned proceedings, the necessary action shall be taken by the authorities. 5. In reply, learned counsel for the petitioner submits that appropriate direction should be issued for expeditious disposal of the aforementioned proceedings under Section 67 (1) of the U.P. Revenue Code, 2006 within time bound period. 6. Considering the facts and circumstances of the case, the instant public interest litigation is finally disposed of with direction that respondent No.3/Tehsildar Machhalishahar, District Jaunpur shall decide the Case No.T202514360302941, expeditiously, after affording proper opportunity of hearing to the parties. Order Date :- 7.3.2025 Amit Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad