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2025 DAILYLAW 25620 (ALL)

RAMESH KUMAR v. STATE OF U.P. AND 3 OTHERS

WPIL/466/2025 · 2025-09-08

J J Munir

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 466 of 2025 Court No. - 49 HON'BLE J.J. MUNIR, J. 1. In compliance with the order dated 10.07.2025, a personal affidavit has been filed by the Tehsildar, Tehsil- Ghosi, District, Mau dated 17.07.2025. The affidavit was filed in the office on 22.07.2025. In paragraph nos. 5 to 11 of the said affidavit it is averred: "5. That Gata No. 383 area 0.0030 Hectare and Gata No. 386 area 0.0300 Hectare situated at Village Jamuari Pargana and Tehsil Ghosi District Mau are recorded in the revenue records as Manure Pit (Khad Ka Gaddha) and Gata No. 492 area 0.0050 Hectare is recorded as pond (Pokhari) in the revenue records. 6. That Tehsildar Ghosi has registered has following cases: (i) Case No. T202515510202387 (Gaon Sabha vs. Gulshan @Dulare) U/S 67 of U.P. Revenue Code, 2006 (ii) Case No. T202515510202389 (Gaon Sabha vs. Vidhi) U/S 67 of U.P. Revenue Code, 2006 (iii) Case No. T202515510202390 (Gaon Sabha vs. Lachhu Sharma) U/S 67 of U.P. Revenue Code, 2006 (iv) Case No. T202515510202391 (Gaon Sabha vs. Harikesh Maurya) U/S 67 of U.P. Revenue Code, 2006 (v) Case No. T202515510202388 (Gaon Sabha vs. Sarvajeet) U/S 67 of U.P. Revenue Code, 2006 Versus Counsel for Petitioner(s) : Amrish Tiwari Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla Ramesh Kumar .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) After hearing either parties with regard to land of the Manure Pit has passed order of eviction on 09.04.2025 for eviction along with penalty and execution cost. 7. That as Gulshan @ Dularey, Vidhi, Harikesh Maurya and Sarvajeet did not file Appeal and hence in compliance of order dated 09.04.2025 the then Tehsildar removed the encroachment of encroachers over land of Manure Pit and this PAD Hon'ble Court in his order dated 12.05.2025 and petitioner did not denied this fact and admitted that encroachment of above noted encroachers has already been removed. 8. That encroacher Lachhu Sharma who encroached upon pond land on Gata No. 492 area 0.0050 Hectare eviction order already been passed in case no. 390 (Gaon Sabha vs. Lachhu Sharma) on 09.04.2025 and he has appeal under Section 67(5) U.P. Revenue Code, 2006 as Appeal No.797 of 2025 its Computerized Case No. D202515510000797 (Lachhu Sharma vs. Tehsildar, Ghosi) before Appellate Court who dismissed the appeal of the encroacher Lachhu Sharma on 16.06.2025. 9. That in compliance of order of this Hon'ble Court as well as Appellate Court, deponent has issued notice to the encroachers Lachhu Sharma to remove his encroachment and thereafter, revenue team removed the encroachment of the encroacher Lachhu Sharma on 15.07.2025. 10. That deponent has removed the encroachment of the encroacher Lachhu Sharma on 15.07.2025 and as encroacher was not at all ready to remove encroachment hence Revenue Team has removed encroachment of the Gata No. 492 area 0.028 Hectare which is recorded as Pokhari in the revenue record on 15.07.2025 and handed over the land to the Gaon Sabha. For kind perusal of this Hon'ble High Court true copy Supurdaginama, spot memo and photographs are jointly being filed herewith and marked as ANNEXURE NO.P.A.1 to this personal affidavit. WPIL No. 466 of 2025 2 11. That in compliance order passed by this Hon'ble Court all the encroachment upon the public utility land has already been removed from the side of deponent and there is no any encroachment of any other person over aforesaid public utility land and as such aforesaid P.I.L. become infructuous and same is liable to be dismissed." 2. When the case is called on, no one appears for the petitioner. 3. According to the stand of the Tehsildar, all encroachments have been removed. 4. In this view of the matter, no further orders are required to be made in this petition. It is, accordingly, consigned to record. 5. If there be any incorrect statement and the encroachment is still there, it will be open to the petitioner to make an application and seek revival of this writ petition. 6. Let this order be communicated to the petitioner through the learned Chief Judicial Magistrate, Mau by the Registrar (Compliance) within 48 hours. September 9, 2025 Prashant D. WPIL No. 466 of 2025 3 (J.J. Munir,J.) Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad