Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:25826 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 247 of 2025 Petitioner :- Pavan Pal Respondent :- State Of U.P. And 7 Other Counsel for Petitioner :- Dwijendra Prasad Counsel for Respondent :- Avinash Chandra Srivastava,C.S.C.,Ram Pal Singh 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 Ram Pal Singh, learned counsel for respondent nos. 6 to 8 and Sri Avinash Chandra Srivastava, learned counsel for the respondent-gaon sabha. 2. The instant writ petition has been filed for the following relief:-
"Issue a writ, order or direction in the nature of mandamus, commanding the Tehsildar, Tehsil Jasrana, District Firozabad/respondent no.3 to remove the encroachment of respondent nos. 6 to 8 from gata no.233, area 0.2960 hect, recorded for way situated at Village Chirawali, Post-Keshpura, Tehsil Jasrana, P.S. Fariha, District Firozabad."
3. This Court on 6.2.2025, directed the learned standing counsel and the counsel for the respondent - gaon sabha to obtain instruction in the matter. 4. In compliance of the order of this Court dated 6.2.2025, instruction dated 18.2.2025, sent by the Sub Divisional Officer, Jasrana, Firozabad is taken on record, after serving a copy of the same upon the counsel for the petitioner. 5. Mr. T.P. Gupta, learned standing counsel on the basis of the instruction, submitted that revenue team constituted for the purpose, has made inspection of plot no.233, which is recorded as rasta in the revenue records. He further submitted that the revenue team has found that some part of plot no.233 is free from encroachment and some part of plot no.233 has been encroached by the persons, against whom proceeding under Section 67 of the U.P. Revenue Code, 2006 has been initiated as Case Nos. T202501260301159, T202501260301160,
T202501260301161,
T202501260301162 and T202501260301163. 6. Learned counsel for private respondent nos. 6 to 8 submitted that civil suit filed by the petitioner himself is pending before the civil court, as such, the instant P.I.L. cannot be entertained. 7. Counsel for the petitioner submitted that appropriate direction be issued for the expeditious disposal of the aforementioned cases, registered under Section 67 of the U.P. Revenue Code, 2006. 8.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this petition is disposed of with the direction to respondent no.3/Tehsildar, Tehsil Jasrana, District Firozabad to decide the aforesaid proceedings, expeditiously, after affording proper opportunity of hearing to the parties concerned as well as the objection of the persons against whom the proceeding has been registered, in accordance with law. Order Date :- 24.2.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad