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2025 DAILYLAW 26853 (ALL)

GANGADEEN v. STATE OF U.P. AND 6 OTHERS

WPIL/516/2025 · 2025-05-13

J J Munir

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:79371 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 516 of 2025 Petitioner :- Gangadeen Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Rahul Kumar Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble J.J. Munir,J. A personal affidavit has been filed by the Sub Divisional Magistrate, Machhalishahar, District Jaunpur today in Court. It is taken on record. Let it be numbered by the office. In paragraph no. 5 of the affidavit, it is averred: "5. That it is humbly submitted that in compliance of the order dated 09.05.2025 passed by this Hon'ble Court in the above noted Public Interest Litigation Petition, the spot inspection of Arazi no. 1401/0.045 hect. situated in village Katahit Khas, Pargana Ghisuwa, Tehsil Machhli Shahar, District Jaunpur was conducted by S.D.M. himself alongwith Revenue Inspector, Area Lekhpal, Gram Pradhan and villagers and the local Station Police force on 11.05.2025. At the time of spot inspection, the petitioner Sri Gangadeen was also present. Copy of photograph of spot inspection in the presence of S.D.M. and petitioner Gangadeen is annexed as Annexure No.PA-1 to this Affidavit It is stated that soil work over the Chakmarg Arazi No. 1401/0.045 hectare has been completely got done by the Gram Panchayat Adhikari, Machhli Shahar and the Gram Pradhan. It is stated that at one place of the land of chakmarg, there was Tila, which has been removed by the JCB Machine and made it in the plain shape. At present, no any part of the land of chakmarg is left where the soil work is not done. The petitioner after satisfying with soil work has made his signature over the spot memo. It is stated that Om Prakash, Jal Prakash sons of Shriram and Babau son of Kedar or any other person of the village have not made any obstruction in doing the soil work over the land of chakmarg. For kind perusal of this Hon'ble Court, copy of the spot inspection enquiry report along with spot memo and coloured photographs are being collectively filed herewith as Annexure No.P.A.2 to this affidavit." Learned counsel for the petitioner states that encroachment in the Chakmarg has been removed. A photograph is annexed as Annexure No. 1, captured by a GPS camera showing a team of police and revenue officials and Chakmarg free of encroachment. In the circumstances, this petition is allowed in part with the direction that it shall be the responsibility of the Sub Divisional Magistrate to ensure that the Chakmarg in Plot No. 1401/0.045 hectare situate in Village Katahit Khas, Pargana Ghisuwa, Tehsil Machhlishahar, District Jaunpur remains free of all encroachments and available to the public to use for the purpose it is meant. Let this order be communicated to the Sub Divisional Magistrate, Tehsil Machhalishahar, District Jaunpur through the Chief Judicial Magistrate, Jaunpur by the Registrar (Compliance) within 24 hours. Order Date :- 14.5.2025 Brijesh Maurya Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad