HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 1217 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Harish Chandra Yadav, learned counsel for the petitioner, Shri S.K. Khare, learned Standing Counsel appearing for the State and Shri Rahul Kumar Shukla, learned counsel for the respondent no.8 who has filed short counter affidavit which, though titled as 'short counter affidavit' is bulkier than the petition itself. The same is taken on record. 2. By means of the present petition filed in the public interest, the petitioner has sought issuance of a direction for removal of encroachment made on the land bearing Gata No.143, measuring area 0.0450 hectare, situated at Village- Kalue, Tehsil- Payagpur, District- Bahraich which is recorded as Khalihan in the revenue record. 3. Learned counsel for the petitioner has submitted that the application in this regard to the District Magistrate, Bahraich and he has sought a direction for disposal of the same. 4. On the basis of written instruction dated 02.12.2025 duly signed by Tehsildar, Tehsil- Payagpur, District- Bahraich placed before this Court by the learned Standing Counsel, it has been informed that several persons including the respondent no.8 have made encroachment over the same land and the proceeding under Section 67 of UP Revenue Code has already been instituted for removal of encroachment over the said land. 5. Learned Standing Counsel has submitted that the next date fixed for the Versus Counsel for Petitioner(s) : Harish Chandra Yadav Counsel for Respondent(s) : C.S.C., Pankaj Gupta, Rahul Kumar Shukla Manoj Kumar Choudhary .....Petitioner(s) State Of U.P. Thru. Distt. Magistrate Distt. Bahraich And 7 Others .....Respondent(s) proceeding before the respondent no.3 is 05.12.2025. So far as, the petitioner is concerned, order for removal of encroachment had been passed against him in the year, 2013 but he has filed an application for setting aside the order, which is pending consideration. 6. The photocopy of the aforesaid instruction is taken on record. 7. Although, the respondent no.8 has filed a very bulky short counter affidavit leveling allegations of personal interest against the petitioner, he has neither made any denial in the short counter affidavit that the allegation of encroachment is incorrect and stated that he has not made any encroachment on the public land which amounts to an implied admission made by the respondent no.8 that the allegation leveled in the writ petition that he has encroached upon the public land is correct. 8. In view of the above, the present petition stands disposed of with the direction to the respondent no.3- Assistant Collector, Tehsildar, Tehsil- Payagpur, District- Bahraich to conclude the proceeding initiated regarding encroachment made on land bearing Gata No.143, measuring area 0.0450 hectare, situated at Village- Kalue, Tehsil- Payagpur, District- Bahraich at the earliest and to ensure the consequent action in accordance with law without any delay. December 3, 2025 V. Sinha WPIL No. 1217 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench