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2025 DAILYLAW 19524 (ALL)

DHARMENDRA v. STATE OF U.P. AND 5 OTHERS

WPIL/510/2025 · 2025-03-06

Chandra Kumar Rai

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:33496 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 510 of 2025 Petitioner :- Dharmendra Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Janardan Shukla Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Chandra Kumar Rai,J. 1. Heard learned counsel for the petitioner, Mr. Sudhir Bharti, learned counsel for respondent no.5, Gaon Sabha and Mr. Ashok Kumar Sonkar, learned Standing Counsel for the State respondents. 2. The instant public interest litigation has been filed for the following reliefs:- "(i) Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 2 and 3 to remove the encroachment from Arazi No. 145 area 0.65 hectare recorded as chak marg and arazi No. 147, area 0.85 hectare recorded as Primary School both situated at Village Piprahi, Tappa Paharpur Pargana Silhat, Tehsil and District Deoria and Series-6 (2) recorded in Nai Parti of Fasli year 1427-1432. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 to expedite the case No. 14436 of 2024 (Gaon Sabha Vs. Adalat) having computer case No. T202405200114436 regarding arazi No. 145 area 0.65 hectare recorded as chak marg situated in Village Piprahi, Tappa Paharpur Pargana Silhat, Tehsil and District Deoria situated at Village Piprahi, Tappa Paharpur Pargana Silhat, Tehsil and District Deoria stipulated period as may be fixed by this Hon'ble Court in the ends of justice." 3. Mr. Ashok Kumar Sonkar, learned Standing Counsel for the State respondents has placed the instruction before the Court which is taken on record. 4. Mr. Ashok Kumar Sonkar, learned Standing Counsel for the State respondents on the basis of the instruction submitted that in respect to plot No. 145 which is recorded as chak marg, proceeding under Section 67of U.P. Revenue Code, 2006 has already been registered as case No. T202405200114436 and last date fixed in the proceeding was 7.2.2025. He further submitted that no encroachment has been found over plot No. 147 which is recorded as Primary Pathshala. 5. Counsel for the petitioner submitted that appropriate direction should be issued for expeditious disposal of aforementioned case under Section 67 of U.P. Revenue Code, 2006 within time bound period and in respect to plot No. 147 further inquiry should be conducted in respect to encroachment. 6. Considering the entire facts and circumstances, the instant public interest litigation is finally disposed of directing the respondent no.4, Tehsildar, Tehsil Sadar, District Deoria to decide the aforementioned case under Section 67 of U.P. Revenue Code, 2006 expeditiously after affording opportunity of hearing to the parties. Order Date :- 7.3.2025 Vandana Y. Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad