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2025 DAILYLAW 17257 (ALL)

DHIRANJAI KUMAR RAI v. STATE OF U.P. AND 8 OTHERS

WPIL/288/2025 · 2025-02-27

Chandra Kumar Rai

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:28516 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 288 of 2025 Petitioner :- Dhiranjai Kumar Rai Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Ram Awtar Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Chandra Kumar Rai,J. 1.Heard Mr. Mahaveer Yadav, holding brief of Ram Awtar, learned counsel for the petitioner, Mr. R.C. 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. Issue a writ order or direction in the nature of mandamus commanding and directing the respondents to remove the illegal encroachment from Arazi No.222 area 0.0200 hectare, Arazi No.190 area 0.0250 hectare and Arazi No.194 area 0.0060 hectare recorded as Navin Parti as well as Arazi No. 221 area 0.1250 hectare and Arazi No.,198 area 0.0590 hectare recorded as khalihan in revenue record situated in Mauza/Village Badraon, Pargana and Tehsil-Ghosi, District-Mau within a stipulated period to be fixed by this Hon'ble Court." 3. This Court vide order dated 11.02.2025 directed the learned Standing Counsel and learned counsel for the gaon sabha to obtain instruction in the matter. 4. In compliance of the order of this Court dated 11.02.2025, instruction dated 22.02.2025 sent by Tehsildar, Ghosi, Mau is taken on record. 5. Mr. R.C. Srivastava, learned Additional Chief Standing Counsel for the State-respondents on the basis of the instruction submitted that authorities have demarcated the plot in question and encroachmnets were found over the four plots mentioned in the instant public instant litigation, accordingly seven cases have been registered against the person concerned under Section 67 (1) of U.P. Revenue Code, 2006. He further submitted that next date fixed in the matter is 17.03.2025. Particular of the cases are as follows:- 1.Case No. T 202515510201695 2.Case No. T 202515510201697 3.Case No. T 202515510201698 4.Case No. T 202515510201693 5. Case No. T 202515510201696 6.Case No. T 202515510201694 7.Case No. T 202515510201699 6. Learned counsel for the petitioner submitted that appropriate direction be issued for expeditious disposal of the aforementioned proceeding within time bound period. 7. I have considered the arguments advanced by the learned counsel for the parties and perused the record. 8. There is no disputes about the fact that seven case have been registered under Section 67 (1) of U.P.Revenue Code, 2006 in respect to the plot in question. 7. 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.3/ Tehsildar, Ghosi Mau to consider and decide the aforementioned cases under Section 67 (1) 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 :- 28.2.2025 PS* Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad