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2025 DAILYLAW 25656 (ALL)

DHARMRAJ SINGH v. STATE OF U.P. AND 6 OTHERS

WPIL/476/2025 · 2025-03-04

Chandra Kumar Rai

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:31872 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 476 of 2025 Petitioner :- Dharmraj Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Vikram Singh Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Chandra Kumar Rai,J. 1.Instruction dated 04.03.2025 sent by Sub Divisional Officer, Meja, Prayagraj is taken on record. 2. Learned counsel for the petitioner is permitted to implead Tehsildar, Meja, Prayagraj as respondent No.8 in the array of the parties to the writ petition. 3. Heard learned counsel for the petitioner, Mr. Hari Om Singh, learned Standing Counsel for the State-respondents and Mr. Azad Rai, learned counsel for the Gaon sabha. 4. The instant public interest litigation has been filed for the following relief: "i. Issue writ, order or direction in the nature of mandamus directing the respondents no. 1 to 5 to remove encroachment by their joint co-operation over gata no. 149 area 0.0210 hectare recorded as Rasta situated in Village Jagepur, Tehsil Meja, District Prayagraj by considering the complaints made by the petitioner within short stipulated period by taking strict action under law against the respondent no. 6 and 7. ii. Issue any other appropriate writ, order or direction to which the petitioner be found entitled under the facts and circumstances of the case." 5. Mr. Hari Om Singh, learned Standing Counsel for the State- respondents and Mr. Azad Rai, learned counsel for the Gaon sabha on the basis of the instruction submitted that plot No.149 area 0.0210 hectare is recorded as rasta in the revenue record and respondent No.6 has been found in possession over the aforementioned plot accordingly, proceeding under Section 67 of U.P. Revenue Code, 2006 has been registered against respondent No.6. Particular of case is as follows: Case No. T-202502030801083 6. He further submitted that earlier the first information report was lodged against the encroacher under Section 3/5 of Damages to Public Property Act. Learned counsel for the petitioner submitted that appropriate direction be issued for expeditious disposal of aforementioned case within time bound period. 7. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present P.I.L. stands disposed of finally with a direction to respondent No.8/ Tehsildar, Meja, Prayagraj to consider and decide the aforementioned Case No.T-202502030801083 under Section-67 of U.P. Revenue Code, 2006 in accordance with law expeditiously after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties. Order Date :- 5.3.2025 PS* Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad