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Neutral Citation No. - 2025:AHC:131902 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 711 of 2025 Petitioner :- Sahab Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Juned Alam Counsel for Respondent :- Akhilesh Kumar Tripathi,C.S.C.,Sudhir Bharti Hon'ble J.J. Munir,J.
1. In compliance with our earlier orders, the Tehsildar, Tehsil- Hata, District- Kushinagar has filed his personal affidavit. In paragraph nos. 7, 12 and 13 of the said affidavit, it is averred:
"7. That the Additional District Magistrate (Finance/Revenue) dismissed the appeal vide order dated 14.05.2025, thereby affirming the eviction order. ..........
12. That as the encroachers failed to remove the encroachments voluntarily, in presence of the petitioner; the illegal encroachments were removed on 26.05.2025 and 27.05.2025 through official proceedings.
13. That the petitioner was present at the spot during the removal proceedings and gave his written statement that he is fully satisfied with the action taken. The copy of the petitioner's written statement, spot memo, and photographs showing removal of encroachments dated 26.05.2025 and 27.05.2025 are being annexed herewith and are marked as ANNEXURE NO. PA-2 to this affidavit."
2. Learned Counsel for the petitioner states that the encroachments have indeed been removed.
3. In the circumstances, the Tehsildar, is directed to ensure that the land, from which encroachments have been removed on 26.05.2025 and 27.05.2025, is duly preserved and no further or fresh encroachments take place.
4. Any encroachments, that now take place on the land in question, shall render the Tehsildar, Tehsil- Hata, District- Kushinagar personally answerable to this Court.
The incumbent, who will be answerable, will be the one during whose tenure in office the encroachment takes place.
5. This petition is disposed of in terms of the above directions.
6. Let this order be communicated to the Tehsildar, Tehsil- Hata, District- Kushinagar through the learned Chief Judicial Magistrate, Kushinagar by the Registrar (Compliance) within 72 hours. Order Date :- 5.8.2025 Prashant D. Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad