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2025 DAILYLAW 19850 (ALL)

RAMDEV v. STATE OF U.P. AND 8 OTHERS

WPIL/358/2025 · 2025-02-18

Chandra Kumar Rai

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:23983 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 358 of 2025 Petitioner :- Ramdev Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Surendra Kumar Tripathi Counsel for Respondent :- Avinash Chandra Srivastava,C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard learned counsel for the petitioner and Mr. Indresen Singh Tomar, learned Additional Chief Standing Counsel for the State respondents. 2. The instant public interest litigation has been filed for the following relief:- "Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 2,3 and 4 to remove the illegal encroachment made by respondent nos. 6 to 9 on the land Gata No. 115 area 0.1840 hectare recorded as Panchayat Ghar as well as on the land of nali and road, the public utility land, situated at Mauja Maniya, Tehsil Kiraoli, District Agra so that justice may be done." 3. Counsel for the petitioner submitted that necessary order be passed for removal of encroachment from plot in question. He further submitted that writ C No. 29247 of 2023 filed by persons against whom the order for ejectment and damages was passed has been disposed of vide judgement dated 31.10.2023 with direction that after disposal of the proceeding under Section 101 of the U.P. Revenue Code, 2006, the order for ejectment and damages can be enforced but even after expiry of more than one year three months, the proceeding under Section 101 of U.P. Revenue Code, 2006 has not been disposed of due to dilatory tactics respondent nos. 6 to 9, as such, appropriate direction be issued for removal of encroachment from the plot in question. 4. I have considered the arguments advanced by learned counsel for the petitioner and perused the records. 5. So far as, execution of the order passed under Section 67 of the U.P. Revenue Code, 2006 is concerned, the remedy is provided under para 460 of U.P. Revenue Court Manual. 6. In view of the earlier order passed by this Court dated 31.10.2023, the instant public interest litigation for removal of encroachment from the plot in question cannot be entertained. 7. Considering the entire facts and circumstances of the case, the instant public interest litigation cannot be entertained and dismissed accordingly. Order Date :- 19.2.2025 Vandana Y. Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad