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Neutral Citation No. - 2025:AHC:34597 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 353 of 2025 Petitioner :- Jitendra Mishra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Atmaram Nadiwal,Dinesh Kumar Yadav 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- Land Management Committee and Mr. T.P. Gupta, learned 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 respondents authority to remove the illegal encroachment/ construction over the nali gata No. 116 situated in the revenue Village Sonwal Tappa Kathara Pargana Haveli Tehsil Sadar District Maharajganj expeditiously preferably within a stipulated period."
3. This Court directed the learned counsel for State/ Land Management Committee to obtain instruction in the matter.
4. In compliance of the order of this Court, instruction dated 17.2.2025 sent by Tehsildar Sadar Maharajganj is taken on record.
5. Mr. T.P. Gupta, learned Standing Counsel for the State respondents on the basis of the instruction submitted that plot No. 116 is recorded as nali and plot No. 119 is recorded as pokhari in the revenue record. He further submitted that plot No. 1180 is recorded in the name of tenure holder. He submitted that in the inspection conducted by the authorities, encroachment were found over plot Nos. 116 and 119 accordingly six cases have been registered against the persons concerned. He submitted that last date fixed in the proceeding was 5.3.2025. He submitted that after disposal of
aforementioned cases, proper action shall be taken by the authorities.
6. The particular of the registered cases are as follows:-
"(i) T202305470106291 (Gaon Sabha Vs. Kumari) (ii) T202305470108090 (Gaon Sabha Vs. Bhuali) (iii) T202305470108087 (Gaon Sabha Vs. Rudhi) (iv) T202305470108088 (Gaon Sabha Vs. Mukundmani Chaudhary) (v) T202305470108086 (Gaon Sabha Vs. Mahendra) (vi) T202305470108089 (Gaon Sabha Vs. Deenanath)
7. Counsel for the petitioner submitted that appropriate direction should be issued for expeditious disposal of aforementioned cases within time bound period.
8. I have considered the arguments advanced by learned counsel for the parties and perused the records.
9. There is no dispute about the fact that six cases under Section 67 of U.P. Revenue Code, 2006 in respect to plot No. 116 and plot No. 119 have been registered before Tehsildar.
10. Considering the entire facts and circumstances, the instant public interest litigation is finally disposed of directing the respondent no.2, Tehsildar Sadar Maharajganj to decide the aforementioned cases under Section 67 of U.P. Revenue Code, 2006 expeditiously after affording proper opportunity to the parties
Order Date :- 10.3.2025 Vandana Y. Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad