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2025 DAILYLAW 1975 (ALL)

DEVENDRA PRATAP SINGH v. STATE OF U.P. AND 8 OTHERS

WPIL/3474/2025 · 2026-04-19

Arun Kumar

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3474 of 2025 Court No. - 55 HON'BLE ARUN KUMAR, J. 1. Heard Sri Onkar Nath, learned counsel for the petitioner, learned Standing Counsel for the respondent nos.1 to 4 and Sri Krishna Kant Singh, learned counsel for the respondent no.5. 2. The present writ petition has been filed seeking a direction to the respondent authorities to remove the illegal encroachment created by respondent nos.6 to 9 over Plot No.64 recorded as main road in the relevant revenue records, relating to Village Kunjalpur, Tehsil Jalesar, District Etah. 3. In pursuance of the directions of this Court dated 27.1.2026, 16.2.2026 and 1.4.2026, today, the Deputy District Magistrate, Tehsil Jalesar, District Etah and the Tehsildar, Tehsil Jalesar, District Etah are present before the Court alongwith their personal affidavits, as they had not sent the required instructions in time, as directed by this Court on earlier dates. 4. Perusal of the aforesaid personal affidavits shows that Plot No.64 area 0.5260 hectare is recorded as main road in the relevant revenue records, over which during the inspection made by the revenue team, Somesh Kumar son of Vishambhar Singh and Dalveer Singh son of Prithvi Singh were found in possession over area of 0.080 hectare and Viran Singh son of Roop Kishor has also been found encroaching over are 6 Sq. Meter of Plot No.64. The proceedings under Section 67 of the U.P. Revenue Code, 2006 have been initiated against the encroachers in which 24.4.2026 is the next date fixed. According to paragraph nos.12 and 13 of the personal Versus Counsel for Petitioner(s) : Onkar Nath Counsel for Respondent(s) : C.S.C., Krishna Kant Singh Devendra Pratap Singh .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s) affidavit filed before this Court, the encroachments found over Plot No.64 shall be removed after the cases registered against the encroachers being Case Nos.T202618210302691 and T202618210302692 are decided after affording opportunity of hearing to the parties concerned. 5. In view of the aforesaid, the present writ petition is disposed of with direction to the Tehsildar, Tehsil Jalesar, District Etah to decide the aforesaid cases registered before him, in accordance with law, after hearing the parties concerned, within a period of three months from today and shall ensure that the said proceedings are brought to its logical end. 6. Personal appearance of the Deputy District Magistrate, Tehsil Jalesar, District Etah and the Tehsildar, Tehsil Jalesar, District Etah are exempted. April 20, 2026 Anil WPIL No. 3474 of 2025 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad