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Neutral Citation No. - 2025:AHC:21361 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 317 of 2025 Petitioner :- Raj Kumar Chaudhary Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sheetala Prasad Pandey Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta Hon'ble Chandra Kumar Rai,J.
1. Heard Mr. Sheetala Prasad Pandey, learned counsel for the petitioner, Mr. Tarun Gaur, learned Standing Counsel for the State respondents and Mr. Pankaj Kumar Gupta, learned counsel for respondent- Gaon Sabha.
2. The instant public interest litigation has been filed for the following relief:-
"Issue a writ, order or direction in the nature of mandamus directing the respondents authorities to evict the respondent no.6 from Gata No. 224/0.006 hectare situated at Village Dhawarpara Post Chaukwa, Dhaurpara, District Basti which is recorded as pond in the revenue record and respondent no.6 had encroached upon it and constructed pakka house."
3. Counsel for the petitioner submitted that in view of the
order passed by Collector under Section 67 (5) of the U.P. Revenue Code, 2006, the authorities be directed to take appropriate action for eviction of the respondent no.6 from the plot No. 224 which is recorded as pond in the revenue record.
4. I have considered the arguments advanced by learned counsel for the petitioner and perused the records.
5. The Tehsildar vide order dated 12.12.2019 ordered for ejectment of respondent no.6- Yamuna Prasad from plot No. 224M area 0.006 hectare. The appeal under Section 67 (5) of the U.P. Revenue Code, 2006 filed by respondent no.6 was allowed by Chief Revenue Officer vide order dated 27.10.2023 setting aside the order dated 12.12.2019.
6. In view of the order passed by Chief Revenue Officer
dated 27.10.2023, the prayer made in the instant public interest litigation for eviction of respondent no.6 from plot No. 224 cannot be entertained.
7. The instant public interest litigation is accordingly dismissed.
Order Date :- 14.2.2025 Vandana Y. Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad