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2025 DAILYLAW 2600 (ALL)

RAM PRAVESH YADAV v. STATE OF U.P. AND 9 OTHERS

WPIL/3927/2025 · 2026-05-14

Arun Kumar

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3927 of 2025 Court No. - 55 HON'BLE ARUN KUMAR, J. 1. Heard Sri Rajesh Yadav, learned counsel for the petitioner and learned Standing Counsel for the respondent nos. 1 to 4. Sri Rameshwar Prasad Shukla has accepted notice on behalf of respondent no. 5. 2. The present petition has been filed for the following relief: "a) Issue a writ, order of direction in the nature of mandamus directing the respondent authorities to remove the illegal encroachment of private respondent No. 6 to 10 from the Gata No. 1661G, bearing area 0.1670 hectare which is recorded as Bhita in the Revenue record, situated at Village Adri, Pargana Ghosi, Tehsil Maunath Bhanjan, District Mau." 3. In pursuance of the direction of this Court, instructions dated 10.02.2026, sent by Tehsildar, Sadar, District Mau, has been placed before the Court, which is taken on record. 4. A perusal of the aforesaid instructions shows that Plot No. 1661 is divided into three sub-plots in which sub-plot no. 1661Ka, area 0.1010 hectare is recorded in the name of Pramod and others as bhumidhars; sub- plot no. 1661Kha, area 0.0240 hectare is recorded as abadi; whereas sub- plot no. 1661Ga, area 0.1670 hectare is recorded as Bhita. There is no partition of the aforesaid minzumla numbers at present. Case No. D202615510000035 has been registered before the District Magistrate, Mau, under Section 30(2) of the U.P. Revenue Code, 2006 for the partition of the minzumla number which is under consideration. Immediately after division of the holding by metes and bounds plot no. Versus Counsel for Petitioner(s) : Mukul Yadav, Rajesh Yadav Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla Ram Pravesh Yadav .....Petitioner(s) State Of U.P. And 9 Others .....Respondent(s) 1661Ga, area 0.1670 hectare, shall be restored as Bhita. 5. Learned counsel for the petitioner has filed an affidavit of the petitioner titled as Objection/Reply to the Instructions submitted by the revenue authority disputing the correctness of the report, however, there is no averment denying the fact that Plot No. 1661 is not a minzumla number and the proceedings for division of the said plot is not pending. 6. In view of the aforesaid, the present petition is disposed of with the direction to the Collector/District Magistrate, Mau, to decide the aforesaid case under Section 32(2) of the Revenue Code, pending before him, in respect of Plot No. 1661, situated in Village Adri, Tehsil Maunath Bhanjan, District Mau, in accordance with law, after hearing all the concerned parties, within a period of three months, from the date of presentation of a certified copy of this order. 7. The respondent no. 4 is further directed to ensure that once the division of minzumla plot no. 1661 is finalized, effective steps shall be taken to ensure that the public utility land is not encroached upon. May 15, 2026 Ranjeet Sahu WPIL No. 3927 of 2025 2 (Arun Kumar,J.) Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad