HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 1176 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. The present writ petition has been preferred by the petitioner with the following prayers:- "I. Issue a writ order or direction in the nature of mandamus thereby commanding the opposite parties nos. 2 to 4 to removing the encroachment made by the opposite party no. 5 to 7 from the public utility land vide Gata No. 201, 255 & 277 are reserved for main road and Gata No. 163 reserved for Chakmarg in revenue records situated at Village- Mujahid khai, H/o Kachnaw, Pargana- Jagdishpur & Tehsil- Musafirkhana, District Amethi, within stipulated period as early as possible. II. Issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 2 i.e. District Magistrate, District Amethi to decide the representation dated 24.09.2025 contained in Annexure No. 5 to this writ petition." Learned counsel for the petitioner has submitted that the respondent nos. 5 to 7 have encroached upon the public utility i.e. pathway for which the representation has already been made to the Tehsildar on 24.09.2025 but till date, neither any order has been passed by the Tehsildar nor the encroachment has been removed by exercising its power under Section 26 of the U.P. Revenue Code, 2006 and he has prayed that a direction may be issued to the respondent no. 4- Tehsildar, Tehsil Musafirkhana, District Amethi, U.P. to take a decision on the application of the petitioner dated 24.09.2025 within a stipulated time as this Court may deem fit and proper. Learned Standing counsel has no objection to the prayer made by learned counsel for the petitioner. On the request of learned counsel for the petitioner and without entering into the merits of the case, the present writ petition is disposed of with a direction to the respondent no. 4- Tehsildar, Tehsil Musafirkhana, District Amethi, U.P. to take a decision on the representation of the petitioner dated 24.09.2025 Versus Counsel for Petitioner(s) : Ram Milan Yadav, Om Prakash Yadav Counsel for Respondent(s) : C.S.C., Mohan Singh Mohd. Zahoor .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Lko. And 7 Others .....Respondent(s) within a period of three months from the date of production/receipt of certified copy of this order, in accordance with law, after providing opportunity of hearing to the respondent nos. 5 to 7, who are alleged to have made encroachment, as mentioned in the writ petition, in case there is no legal impediment, without granting any unnecessary adjournment to any of the parties and if any adjournment is sought by either of the parties, some short date may be given. November 24, 2025 Nitesh WPIL No. 1176 of 2025 2 (Manish Kumar,J.) Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench