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2025 DAILYLAW 21125 (ALL)

SHYAM LAL v. STATE OF U.P. AND 5 OTHERS

WPIL/378/2025 · 2025-03-11

Chandra Kumar Rai

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:36574 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 378 of 2025 Petitioner :- Shyam Lal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Deena Nath Mishra Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard learned counsel for the petitioner, Mr. Bhupendra Kumar Tripathi, learned counsel for respondent- Gaon Sabha and Mr. Hari Mohan Srivastava, learned Additional Chief Standing Counsel for State respondents. 2. The instant petition has been filed for the following reliefs:- "(i) Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondent authorities to remove the illegal encroachment upon the arazi No. 470 area 0.0120 hectare situated at Village Kewtali Post and Police Station Maharajganj Tehsil Badlapur District Jaunpur which is recorded as chak marg in the revenue entry of fasli year 1425-1430, as it is very evident from annexure No.1. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondent no.4 i.e. Assistant Collector/ Tehsildar, Tehsil Badlapur, Jaunpur to hear and decide the applications dated 15.6.2024 and 12.7.2024 bearing complaint reference No. 40019424040416 moved by petitioner before Jansunvayi portal as well as before respondent no.4 regarding the removal of illegal encroachment made by respondent no.6 upon the arazi No. 470 area 0.0120 hectare situated at Village Kewtali Post and Police Station Maharajganj Tehsil Badlapur District Jaunpur within some stipulated period." 3. This Court vide order dated 21.2.2025 directed the learned counsel for State as well as Gaon Sabha to obtain instruction in the matter. 4. In compliance of the order of this Court, instruction dated 10.3.2025 sent by Sub Divisional Officer, Badlapur Jaunpur is taken on record. 5. Mr. Hari Mohan Srivastava, learned Additional Chief Standing Counsel for State respondents on the basis of the instruction submitted that plot No. 470 area 0.012 hectare is recorded as chak marg and during course of inspection of the plot in question by the authorities, the encroachment of one Sahab Lal son of Nanku Yadav was found accordingly proceeding under Section 67 of U.P. Revenue Code, 2006 has been registered as case No. T202414360204509. He further submitted that next date fixed in the proceeding is 18.3.2025. He submitted that appropriate action shall be taken by the authorities after disposal of the aforementioned proceeding under Section 67 of U.P. Revenue Code, 2006. 6. Counsel for the petitioner submitted that appropriate direction be issued for expeditious disposal of aforementioned case under Section 67 (1) of U.P. Revenue Code, 2006 within time bound period. 7. I have considered the arguments advanced by learned counsel for the parties and perused the records. 8. There is no dispute about the fact that proceeding under Section 67 (1) of U.P. Revenue Code, 2006 has been registered against father of respondent no.6 in respect to plot No. 470 area 0.001 hectare. 9. Considering the entire facts and circumstances, the instant public interest litigation is finally disposed of directing the respondent no.4, Tehsildar, Tehsil Badlapur District Jaunpur to decide the aforementioned case under Section 67 (1) of U.P. Revenue Code, 2006 expeditiously after affording proper opportunity of hearing to the parties. Order Date :- 12.3.2025 Vandana Y. Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad