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2025 DAILYLAW 26794 (ALL)

SUSHILA DEVI v. STATE OF U.P. AND 7 OTHER

WPIL/495/2025 · 2025-03-05

Chandra Kumar Rai

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:32542 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 495 of 2025 Petitioner :- Sushila Devi Respondent :- State Of U.P. And 7 Other Counsel for Petitioner :- Atul Kumar Pandey Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Atul Kumar Pandey, learned counsel for the petitioner, Mr. Nand Lal Maurya, learned Standing Counsel for the State-respondents and Mr. Sudhir Bharti, learned counsel for the respondent-Gaon Sabha. 2. The instant petition has been filed for the following relief: "i. to issue a writ, order or direction in the nature of mandamus directing the respondent authorities to release the encroachment of the public utility land i.e. 'Dawah' (Chakroad) in illegal encroachment from the respondent nos.6 to 8 situated over Khasra No.110 area 0.178 hectare situated at Village- Mishrauliya (Haveli), Tahsil- Pharenda, District- Maharajganj and restore the Public Utility Land as exist prior to 1427 to 1432 fasli year and also take the necessary action against the respondent nos.6 to 8 for making illegal encroachment." 3. Learned counsel for the petitioner submitted that in view of the entry of the plot in question, the encroachment over the plot in question be removed forthwith. 4. Mr. Nand Lal Maurya, learned Standing Counsel placed the Annexure No.3 annexed with the instant public interest litigation in order to demonstrate that three cases under Section 67 of U.P. Revenue Code, 2006 are pending in respect to plot nos.110 before Tahsildar, Pharenda, Maharajganj. The particulars of the case numbers are as follows: i. T202405470410344 ii. T202405470410345 iii. T202405470410347 5. Learned counsel for the petitioner submitted that appropriate direction be issued for expeditious disposal of the aforementioned cases, under Section 67 of U.P. Revenue Code, 2006 within time bound period. 6. Considering the facts and circumstances of the case, the instant petition is finally disposed of directing respondent no.4/ Tahsildar, Pharenda, Maharajganj to decide the aforementioned three cases, under Section 67 of U.P. Revenue Code, 2006 expeditiously after affording proper opportunity of hearing to the parties. Order Date :- 6.3.2025 Rameez Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad