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2025 DAILYLAW 17330 (ALL)

CHANDRAJEET MANGAL PRAJAPATI v. STATE OF U.P. AND 4 OTHERS

WPIL/301/2025 · 2025-02-13

Chandra Kumar Rai

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:20525 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 301 of 2025 Petitioner :- Chandrajeet Mangal Prajapati Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ajai Kumar Singh Kushwaha Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Chandra Kumar Rai,J. 1.Heard learned Counsel for the petitioner, Mr Munishwar Singh, learned Standing Counsel for the State-respondents and Mr. Bhupendra Kumar Tripathi, learned counsel for the Gaon sabha. 2.The instant public interest litigation has been filed for the following relief: "i. To issue a writ, order or direction in the nature of mandamus be issued commanding the respondents to remove the illegal encroachment made by private respondent on the plot No.643 area 1.0090 hectarre which is land of Tal situated in Village Barwa Khurd, Tehsil-Saidpur, District-Ghazipur and restore their original shape situated in the revenue village concerned which is registered as case No.T202014290402787 titled as Gaon Saha Vs. Meenu Rai related with village-Barwa Khurd, Tehsil- Saidpur, District-Ghazipur under Section-67 of U.P. Revenue Code, 2006 and restore their original shape situated in the revenue village concerned." 3. Learned counsel for the petitioner submitted that proceeding under Section 67 of U.P. Revenue Code, 2006 is pending before respondent No.3/ Tehsildar since 01.12.2020, as such proper direction be issued for removal of encroachment from the plot in question, which is recorded as pond in the revenue record. 4. Learned Standing Counsel for the State-respondents and learned counsel for the Gaon Sabha submitted that proceeding under Section 67 of U.P. Revenue Code, 2006 has already been registered, as such no action can be taken by the authorities before disposal of the proceeding under Section 67 of U.P. Revenue Code, 2006 in a accordance with law. 5. 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, Tehsil-Saidpur, District-Ghazipur to consider and decide the aforementioned proceeding under Section 67 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 :- 13.2.2025 PS* Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad