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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3549 of 2025 Court No. - 55 HON'BLE ARUN KUMAR, J.
1. Heard Sri Ram Murti Yadav, learned counsel for the petitioner; learned Standing Counsel for the respondent nos. 1 to 4 and Sri Ashutosh Kumar Singh, learned counsel for the respondent no. 6 & 7. Sri Avinash Chandra Srivastava, Advocate has accepted notice on behalf of respondent no. 5. 2. The present petition has been filed for the following relief:
"(1) Issue, a writ, order or direction in the nature of mandamus commanding and directing the respondents to remove the illegal encroachment made by private respondents no. 6 and 7 over Arazi no. 577Kha(area 0.1210 hectare) recorded as Banjar in the revenue record, Arazi no. 567Kha(area 0.1190 hectare) recorded as Abadi of Gaon Sabha, Arazi no. 386(area 0.085 hectare) recorded as Chakmarg and Arazi no.388Kha(area 0.24 hectare) recorded as Banjar in the revenue record situated in village Indrapur Sujanpur Mazra Chaturipura, Tehsil Kisni, District Mainpuri within a stipulated period to be fixed by this Hon'ble Court."
3. In pursuance of the orders of this Court dated 20.11.2025 & 5.12.2025, instructions were called from the learned Standing Counsel and the counsel appearing for the Gaon Sabha. Today when the case was taken up, the instructions dated 18.12.2025, sent by Tehsildar Kishni, Mainpuri, has been placed before the Court, which is taken on record. 4. A perusal of the aforesaid report shows that Plot No. 577Kha, area 0.121 hectare is recorded as Banjar; whereas Plot No. 567Kha, area 0.119 hectare is recorded as Bhumidhari of Avanendra Singh, Mukesh Kumar, Versus Counsel for Petitioner(s) : Ram Murti Yadav Counsel for Respondent(s) : Ashutosh Kumar Singh, Avinash Chandra Srivastava, C.S.C. Ranjeet Singh .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s)
Savendra Singh and Harendra Singh. Plot No. 386, area 0.085 hectare is recorded as Chakmarg. It is further stated that in CH Forms 41 & 45, relating to Village Indarpur Sujanpur, Plot No. 388 is recorded as minzumla number, of which Plot No. 388Ka, area 0.008 hectare is Bhumidhari Land; whereas Plot No. 388Kha, area 0.24 acre is recorded as Banjar. Portion of Plot No. 388, area 0.0360 hectare is recorded as Abadi, which consists of some houses and a pathway. 5.
Plot No. 386 has been encroached by three persons, namely Madanpal Singh, Raghavendra Pal Singh and Ashwa Kumar, against whom proceedings under Section 67(1) of the U.P. Revenue Code, 2006, have been initiated and registered before the Tehsildar Kishni. 6. In view of the aforesaid, the present petition is disposed of with the direction to the Tehsildar, Tehsil Kishni, District Mainpuri, to decide the pending proceedings, under Section 67(1) of the Revenue Code, in accordance with law, after hearing all the concerned parties, within a period of three months, from the date of presentation of a certified copy of this order, if already not decided, and ensure that the said proceedings are brought to its logical end. April 20, 2026 Ranjeet Sahu WPIL No. 3549 of 2025 2 (Arun Kumar,J.) Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad