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2025 DAILYLAW 182443 (ALL)

ABHILASH SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE LKO. AND 7 OTHERS

/1224/2025 · 2025-12-15

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 1224 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Pradeep Kumar Mishra, the learned counsel for the petitioner, Sri Rahul Shukla, the learned Additional Chief Standing Counsel for the State of U.P. 2. In compliance of the order dated 10.12.2025, Sri Prafulla Kumar Sharma, Sub Divisional Magistrate. Sadar, Rae Bareli has appeared in person along with the relevant record and he tendered apology for failure to provide instructions to the learned Chief Standing Counsel timely. He has assured to remain careful in future. 3. By means of the instant writ petition purportedly filed in public interest, the petitioner has sought issuance of a direction for removal of encroachment made over land bearing Gata No. 745 measuring 0.0380 hectare situated at Village Pyarepur, Tehsil Sadar, Rae Bareli in furtherance of order dated 07.12.2023 passed by the Tehsildar/ Assistant Collector, Sadar, Rae Bareli and the order dated 30.05.2025 passed by the District Magistrate, Rae Bareli. It has specifically been stated in the writ petition that there is no authoritative pronouncement of this Court on the subject involved in the writ petition. 4. On the basis of written instructions provided by the Sub Divisional Magistrate, Sadar, Rae Bareli, the learned Additional Chief Standing Counsel has informed the Court that the orders referred to in the writ petition were challenged by filing Writ C No. 6153 of 2025, which was Versus Counsel for Petitioner(s) : Pradeep Kumar Mishra Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Abhilash Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 7 Others .....Respondent(s) allowed by a detailed judgment and order dated 02.07.2025 passed by Co- ordinate Bench of this Court. The orders dated 07.12.2023 and 30.05.2025 have been set aside and the matter has been remanded to the Assistant Collector/ Tehsildar, Rae Bareli to decide it afresh. 5. The fact regarding orders dated 07.12.2023 and 30.05.2025 having been set aside by means of a judgment and order dated 02.07.2025 passed by this Court in Writ C No. 6153 of 2025 has not been disclosed in the writ petition filed in public interest. 6. When a person files any writ petition, it is essential that he should disclose all the facts and when the writ petition is filed in public interest, it becomes all the more necessary that the person approaching the Court in public interest should collect complete information before filing the writ petition and he should disclose the same in the writ petition. The conduct of the petitioner in filing the writ petition for enforcement of orders passed by the Tehsildar and Collector, which orders have already been set aside by this Court, is deprecated. 7. The order dated 02.07.2025 directs the Assistant Collector/ Tehsildar, Rae Bareli to conclude the proceedings afresh strictly within a period of three months as statutory provision says that the proceedings under Section 67 of the U.P. Revenue Code, 2006 should be concluded within a period of 90 days. Although the period of 190 days stands expired, neither the proceedings under Section 67 of have been concluded nor has the Tehsildar, Rae Bareli sought extension of time for deciding the matter from the writ court. It appears that the Tehsildar is also showing laxity in dealing with the matter in spite of a direction issued by this Court to conclude the proceedings strictly within a period of three months. 8. On the request made by Sri Prafulla Kumar Sharma, Tehsildar/Sub Divisional Magistrate Sadar, Rae Bareli has made an oral request for granting four weeks' further time to conclude the proceedings under Section 67 of the U.P. Revenue Code, 2006. 9. Accordingly, the present petition is disposed of by issuing a direction to the Assistant Collector/ Tehsildar, Rae Bareli to conclude the proceedings under Section 67 of the U.P. Revenue Code, 2006 for removal of WPIL No. 1224 of 2025 2 encroachment from the land bearing Gata No. 745 measuring 0.0380 hectare situated at Village Pyarepur, Tehsil Sadar, Rae Bareli, keeping in view the observations made in the judgment and order dated 02.07.2025 passed by this Court in Writ C No. 6153 of 2025, within a period of four weeks from today. December 15, 2025 Pradeep/- WPIL No. 1224 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench