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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 628 of 2025 Court No. - 49 HON'BLE J.J. MUNIR, J.
1. In compliance with the order dated, 10.07.2025, a personal affidavit has been filed by the District Magistrate, Basti dated 27.07.2025, another by the Sub-Divisional Officer, Tehsil- Harraiya, District- Basti dated 28.07.2025 and still another by the Tehsildar, Tehsil- Harraiya, District- Basti dated 26.07.2025. 2. In paragraph nos. 10 and 11 of the Collector's affidavit, it is averred:
"10. That, it is respectfully submitted that in compliance of the eviction order dated 09.04.2025 passed by the Court of Tehsildar Haraiya Basti in Case No.T-202317140109293 (Gaon Sabha vs. Smt. Ganga Devi) instituted under section 67(1) of the U.P. Revenue Code, 2006 and order dated 17.07.2025 passed in Appeal being Case No.D-202417140001958 (Ganga Devi vs. State of U.P, and others) under section 67(5) of the U.P. Revenue Code, 2006, the Court of Tehsildar Haraiya Basti, vide Order No.954/Nya.Li. dated 17.07.2025 for vacating the permanent construction made on a partial part ie. area 0.526 hectare of Gata No.296-Ka of the total area 0.025 hectare (Banjar land) situated in village Sentha Tappa Khuriyar, a joint team of revenue and police was formed under the leadership of Naib Tehsildar, Sadar. For kind perusal of this Hon'ble Court, copy of the order dated 17.07.2025 is being annexed herewith and is marked as Annexure No.PA-3 to this Affidavit. Versus Counsel for Petitioner(s) : Neha Chauhan Counsel for Respondent(s) : C.S.C., Pankaj Kumar Gupta Ram Prakash .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s)
11. That, it is respectfully submitted that on 18.07.2025, the said revenue team visited the spot and removed the encroachment of the Respondent No.6 on Gata No.296-Κα Mi, area 0.025 hectare land, situated at Village Sentha Tappa Khuriyar with the help of JCB machine by the joint team of revenue and police and handed over the land in question to the Gram Pradhan Pilkhaon. At present, there is no encroachment on the said banjar land of Gram Sabha i.e. Gata No.296-Ka, area 0.526 hectare. For kind perusal of this Hon'ble Court, copies of the report dated 18.07.2025, spot memo along with spot photographs, are being annexed herewith and are marked collectively as Annexure No.PA-4 to this Affidavit."
3. In view of the stand taken in the Collector's affidavit, no further orders are required to be made in this petition.
It is, accordingly, consigned to record. 4. In the event, the assertion in the Collector's affidavit, that the encroachment has been removed, is incorrect, it will be open to the petitioner to make an application in the decided matter. 5. Let this order be communicated to the petitioner through the learned Chief Judicial Magistrate, Basti by the Registrar (Compliance) within 48 hours. September 9, 2025 Prashant D.
WPIL No. 628 of 2025 2 (J.J. Munir,J.) Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad