Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3884 of 2025 Court No. - 55 HON'BLE ARUN KUMAR, J.
1. Heard Sri Dhiraj Srivastava, learned counsel for the petitioner and learned Standing Counsel for the State respondents. Sri B. K. Tripathi, 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 no.658 area 0.0450 hectare situated in Village Jaupur, Tehsil Mariyahoon, District Jaunpur.
3. In pursuance of the direction of this Court, the instruction dated 12.02.2026, sent by the Deputy District Magistrate, Mariyahoon, has been placed before the Court by learned Standing Counsel, which is taken on record.
4. Perusal of the aforesaid instruction shows that earlier three cases being Case No.131, 132 and 133 were registered against Sabhapati, Sarvjeet and Lalchand, receptively, in which order dated 28.05.2026 was passed for eviction of the encroachers and recovery of damages. During inspection of plot in question by the revenue team on 13.02.2026, the subject matter of Case No.131 and 133 was found free from all encroachments. However, in respect of Case No.132, Sarvjeet, father of respondent nos.6 to 9, died, therefore, implementation of the order dated 28.05.2016 had not been taken. Instruction also shows that a Case No. T202614360304110 has been registered against the respondent nos.6 to 9 under Section 67(1) of the U.P. Revenue Code, 2006 and another Case Versus Counsel for Petitioner(s) : Dhiraj Srivastava Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C. Bachchan Lal .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s)
No.T202614360604109 has also been registered against the petitioner himself. Both the aforementioned cases are pending before the Tehsildar, Mariyahoon, Jaunpur.
5. In view of the aforesaid, the present petition is disposed of with direction to Tehsildar, Mariyahoon, Jaunpur 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 three months from the date of presentation of a certified copy of this order. May 18, 2026 Ashok Kr.
WPIL No. 3884 of 2025 2 (Arun Kumar,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad