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2025 DAILYLAW 2622 (ALL)

TARACHAND v. STATE OF U.P. AND 8 OTHERS

WPIL/3817/2025 · 2026-05-17

Arun Kumar

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3817 of 2025 Court No. - 55 HON'BLE ARUN KUMAR, J. 1. Heard Sri Anil Kumar Dubey, learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Rohit Yadav, holding brief of Sri Sunil Kumar Singh, learned counsel for the respondent Gaon Sabha. 2. The present petition has been filed seeking a direction to the respondent authorities to ensure removal of illegal encroachment made by encroachers/private respondents over plot nos.503 & 504 recorded as School and plot no.598 recorded as Khalihan and plot no.601 recorded as Banjar in the relevant revenue records relating to Village Sultanpur, Tehsil Dadri, District Gautam Buddha Nagar. 3. In pursuance of the direction of this Court, the instruction dated 10.02.2026, sent by the Tehsildar, Dadri, Gautam Buddha Nagar, has been placed before the Court by learned Standing Counsel, which is taken on record. 4. Perusal of the aforesaid instruction shows that the proceedings under Section 67 of the U.P. Revenue Code, 2006 have already been initiated against the encroachers in respect of plot nos.598 and 601, which are pending consideration at different stages before the concerned Tehsildar as Case Nos. T202511270248797, T202611270207246, T202611270207242, Versus Counsel for Petitioner(s) : Anil Kumar Dubey, Dilip Kumar Goswami Counsel for Respondent(s) : C.S.C., Sunil Kumar Singh Tarachand .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s) T202611270207247, T202611270207248, T202611270207249 T202611270207250, T202611270207251, T202611270207252 T202611270207241 and T202511270207394 It is further stated that in view of the recent amendment in the provision of sub-section (6) of section 59 of the Code where encroachments are found within the areas which are notified under the U.P. Urban Planing and Development Act, 1973, the development authority shall initiate appropriate action. 5. In view of the aforesaid, the present petition is disposed of with direction to Tehsildar, Dadri, Gautam Buddha Nagar, to decide the aforementioned cases under Section 67(1) of the U.P. Revenue Code, 2006, pending before him, in respect of plot in question, by passing appropriate order, in accordance with law, after hearing all the parties concerned, within a period of two months from the date of presentation of a certified copy of this order. In respect of plots which fall within the territorial limits of Noida Authority, petitioner will be at liberty to make appropriate application under the relevant provision of law before the concerned authority. May 18, 2026 Ashok Kr. WPIL No. 3817 of 2025 2 (Arun Kumar,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad