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2025 DAILYLAW 13507 (ALL)

PANKAJ KUMAR v. STATE OF U.P. AND 6 OTHERS

WPIL/229/2025 · 2025-03-11

Chandra Kumar Rai

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:36736 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 229 of 2025 Petitioner :- Pankaj Kumar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Peeyush Kumar Pathak,Prateeyush Kumar Pathak Counsel for Respondent :- Avinash Chandra Srivastava,C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Counsel for the petitioner is permitted to implead Tehsildar, Tehsil Kishni District Mainpuri as respondent no.8 in the writ petition during course of the day. 2 Heard learned counsel for the petitioner, Mr. Avinash Chandra Srivastava, learned counsel for respondent- Land Management Committee and Mr. Tarun Gaur, learned Standing Counsel for State respondents. 2. The instant petition has been filed for the following relief:- "Issue a writ, order or direction in the nature of mandamus to commanding and directing the respondent nos. 2 and 3 to remove the encroachment from gata No. 274 area 0.0400 hectare which is recorded as water drainage situated at Village Mauza Arjunpur, Tehsil Kishni District Mainpur." 3. Counsel for the petitioner submitted that in view of the entry of the plot in question, the authorities be directed to take steps for removal of encroachment from the plot in question. 4. Mr. Tarun Gaur, learned Standing Counsel for the State respondents placed the instruction dated 20.2.2025 sent by Tehsildar, Tehsil Kisni, District Mainpuri which is taken on record. 5. Mr. Tarun Gaur, learned Standing Counsel for the State respondents on the basis of instruction submitted that plot No. 274 area 0.0400 hectare of khata No. 329 is recorded as nali in the revenue records (Class 6-1 category plot). He submitted that encroachment of private respondent nos. 5 to 7 were found accordingly proceeding under Section 67 (1) of the U.P. Revenue Code, 2006 have been registered as case No. T202401490403672. He further submitted that last date fixed in the proceeding was 5.2.2025, as such, proper action shall be taken by the authorities after disposal of the aforementioned proceeding. 6. Counsel for the petitioner submitted that appropriate direction should be issued for expeditious disposal of aforementioned case under Section 67 (1) of U.P. Revenue Code, 2006 within time bound period. 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 proceeding under Section 67 (1) of U.P. Revenue Code, 2006 has been registered against respondent nos. 5 to 7. 9. Considering the entire facts and circumstances, the instant public interest litigation is finally disposed of directing the respondent no.8, Tehsildar, Tehsil Kishni District Mainpuri to decide the aforementioned case No. T202401490403672 under Section 67 (1) of U.P. Revenue Code, 2006 expeditiously after affording proper opportunity of hearing to the parties. Order Date :- 12.3.2025 Vandana Y. Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad