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2025 DAILYLAW 40365 (ALL)

HARISARAN v. STATE OF UP AND 10 OTHERS

WPIL/794/2025 · 2025-05-15

J J Munir

Public Interest Litigationbody2025

Judgment text

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Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 794 of 2025 Petitioner :- Harisaran Respondent :- State of U.P. and others Counsel for Petitioner :- Amarnath Tripathi, Satish Kumar Pandey, Vikas Kumar Tripathi Counsel for Respondent :- Bhupendra Kumar Tripathi, C.S.C. Hon'ble J.J. Munir,J. A personal affidavit has been filed by the District Magistrate, Varanasi and another, by the Tehsildar, Tehsil Rajatalab, Varanasi. In paragraph Nos. 5 to 9 of both the affidavits, it is averred : 5. That upon identification of encroachments over the aforesaid Pokhari land, eviction proceedings under Section 67 of the U.P. Revenue Code, 2006, were instituted before the court of Tehsildar, Rajatalab, Varanasi. The following cases were duly registered and eviction orders were passed: • Case No. 202314700303132 - Munka Devi vs. State • Case No. 202314700303134-Rita vs. State • Case No. 202314700303136-Sumita Devi vs. State • Case No. 202314700303138 - Ravi Kumar vs. State • Case No. 202314700303139 - Anita Keshari vs. State 6. That in respect of Case No. 202314700303138 (Ravi Kumar vs. State), the affected respondent Ravi Kumar Verma filed a writ petition being Writ-C No. 14943 of 2025 before this Hon'ble Court, and by order dated 13.05.2025, this Hon'ble Court was pleased to direct maintenance of status quo till the next date of hearing. A copy of the said order is being annexed herewith and marked as Annexure No. P.A.-1 to this affidavit. 7. That in the remaining four cases, namely: • Case No. 202314700303132-Munka Devi vs. State • Case No. 202314700303134-Rita vs. State • Case No. 202314700303136 - Sumita Devi vs. State • Case No. 202314700303139-Anita Keshari vs. State No stay order has been passed by any superior court. Accordingly, the eviction orders were duly executed on 14.05.2025, and the encroachments over the Pokhari land have been removed. A report of compliance and photographic evidence is collectively annexed herewith and marked as ANNEXURE NO. P.A.-2 to this affidavit. 8. That it is further submitted that eviction orders passed against Respondent Nos. 6, 7, 9 and 10 have already been 2 complied with in accordance with law, except in the case of Respondent No. 9 (Ravi Kumar), where the operation of the eviction has been held in abeyance in view of the interim order dated 13.05.2025 passed by this Hon'ble Court. 9. That the administrative authorities remain committed to complying with the lawful directions of this Hon'ble Court and have acted diligently to ensure protection of public land and enforcement of legal provisions. 2. Apart from the case where a stay order has been passed in Writ - C No. 14947 of 2025, all the other orders of eviction, where encroachment was noticed, have been executed and the encroachment removed. The aforesaid fact is admitted to the petitioner. 3. In this view of the matter, no further orders are required to be made on the writ petition. It is, accordingly, consigned to record. 4. The petitioner shall have liberty to apply as regards the case in which interim order has been passed by this Court, after decision of the writ petition and subject to the event there. Order Date :- 16.5.2025 I. Batabyal (J.J. Munir) Judge 2 Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad