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2025 DAILYLAW 16455 (ALL)

RANVIR AND 4 OTHERS v. STATE OF U..P AND 7 OTHERS

WPIL/269/2025 · 2025-07-16

J J Munir

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:116212 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 269 of 2025 Petitioner :- Ranvir And 4 Others Respondent :- State Of U..P And 7 Others Counsel for Petitioner :- Shreesh Srivastava Counsel for Respondent :- Brajesh Shukla, Raj Kumar Mishra, Vikas Upadhyay,Alok Kumar Srivastava,Arun Kumar Pandey,C.S.C.,Safiullah Hon'ble J.J. Munir,J. 1. A personal affidavit has been filed by Rajender Pensiya, Colletor, Sambhal. Let it be taken on record and numbered by the office. In paragraph nos. 5 and 6 of the aforesaid affidavit, it is averred: "5. That the following eviction cases were decided under Section 67 of the Uttar Pradesh Revenue Code, 2006, by the Court of Tehsildar (Judicial), Gunnaur, District Sambhal, vide orders dated 09.05.2025: • Case No. T202513740504576- Gram Sabha Dainora vs. Chau • Case No. T202513740504577- Gram Sabha Dainora vs. Om Prakash • Case No. T202513740504578- Gram Sabha Dainora vs. Amreesh • Case No. T202513740504579- Gram Sabha Dainora vs. Bhau • Case No. T202513740504580- Gram Sabha Dainora vs. Ajay Pal Singh • Case No. T202513740504581- Gram Sabha Dainora vs. Khushveer Singh • Case No. T202513740504582- Gram Sabha Dainora vs. Dinesh • Case No. T202513740504583- Gram Sabha Dainora vs. Ajiram • Case No. T202513740504584- Gram Sabha Dainora vs. Rameshwar • Case No. T202513740504585- Gram Sabha Dainora vs. Aaram Singh • Case No. T202513740504586- Gram Sabha Dainora vs. Rajpal Singh • Case No. T202513740504587- Gram Sabha Dainora vs. Kalyan Singh • Case No. T202513740504588- Gram Sabha Dainora vs. Vidya Ram • Case No. T202513740504589- Gram Sabha Dainora vs. Shripal • Case No. T202513740504590- Gram Sabha Dainora vs. Veerpal • Case No. T202513740504591- Gram Sabha Dainora vs. Ratanpal • Case No. T202513740504592- Gram Sabha Dainora vs. Kalyan Singh • Case No. T202513740504593- Gram Sabha Dainora vs. Amreesh • Case No. T202513740504594- Gram Sabha Dainora vs. Rambahadur 6. That as per the report furnished by the Peshkar (Court Clerk) of the deponent court, it is respectfully submitted that none of the opposite parties have preferred any appeal against the aforesaid eviction orders before the court of deponent. A true copy of the said report submitted by the Peshkar is annexed herewith and marked as Annexure No. P.A.-1 to this affidavit." 2. A supplementary counter affidavit has also been filed on behalf of respondent nos. 2 to 27 except 19. Let it also be taken on record and numbered by the office. In paragraph no. 3 of the said affidavit, it is averred: "3. That against thee order dated 9.5.2025 respondent no. 7 to 23 not filed appeal and deposited the penalty by the respondent no.7 to 23 namely Ambrish son of Sri Ram of Rs.54,410/- and Rs.34,810/- on 3.6.2025, Chau son of Dalpat of Rs. 32,010/- on 4.6.2025, Bhau son of Lagman of Rs.32,010 on 3.6.2025 ,Ajay Pal Singh son of Sheorj of Rs.54,410/- on 1.7.2025, Khushbir son of Chhote of Rs.30,610/- on 30.6.2025 ,Dinesh son of Ram Kishan of Rs.26,410/- on 7.6.2024 Ajiram son of Banno of Rs.26,130/- on 4.6.2025, Rameshwar son of Gendan Lal of Rs.20,810/- on 4.6.2025, Aaram Singh son of Parmeshwari of Rs.20,810/- on 4.6.2025, Kalyan Singh son of Shri Ram of Rs.34,810/- & 20,810/- on 10.6.2025, Vidya Ram son of Raghubir of Rs.48,810/-on 04.06.2025, Sri Pal son of Harbir of Rs.15,210/- on 03.06.2025, Vir Pal son of Banno of Rs.46,010/- on 04.06.2025, Ratan Pal son of Kiran Pal of Rs.51,610/-on 04.06.2025 and Ram Bahadur son of Laxman of Rs.26,410/- on 3.6.2025 have deposited the damages of penalty in proceeding under section 67 of U.P Revenue Code 2006 in the funds The copy of the receipts deposit amount of penalty upon the respondent no.7 to 23 are collectively being filed herewith and marked as ANNEXURE NO.SCA-1 to this supplementary counter affidavit." 3. Learned Counsel appearing for respondent nos. 2 to 27 states that they have vacated the encroached property also after contemporaneously depositing the penalty. 4. Learned Counsel for the petitioners does not dispute this fact and says that, indeed, the encroachers have withdrawn from the encroached land. 5. In this view of the matter, no further orders are required to be made in this petition. It is, accordingly, consigned to record. Order Date :- 17.7.2025 Prashant D. Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad