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Neutral Citation No. - 2025:AHC:73953 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 849 of 2025 Petitioner :- Rakesh Ram Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Om Prakash,Vibhuti Prasad Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble J.J. Munir,J. In compliance with the order dated 22.04.2025, a personal affidavit has been filed today in Court by Tehsildar, Tehsil Jakhania, District Ghazipur. It is taken on record. Let it be numbered by the Office. In paragraph nos. 4 and 5 of the personal affidavit, it is averred:
"4 That so far as the query being made by this Hon'ble Court vide its aforesaid order dated 22.04.2025 as to why the order dated 10.11.2023 passed by him in Case No. 2660 of 2021, Report Lekhpal vs. Ram Adhar has not been carried out and the illegal encroachment subject matter of the said order, removed from Arazi No. 388/0.030 hectare situate in Village Belhara, Pargana Sadiyabad, Tehsil Jakhania, District Ghazipur, in this regard, it is submitted that the Arazi No.388, Area 0.0280 Hectare, situates in Village-Belhara, Pargana-Shadiyabad, Tehsil-Jakhaniyan, Ghazipur is recorded in the revenue record as 'Chakmarg', the land of Shreni-6(2), however upon its area i.e. 0.005 Hectare, Ramadhar son of Jiut has encroached by constructing toilet and Sahan and on being found the same, the Area Lekhpal has submitted its report on Form-19 under Section 67 of the U.P. Revenue Code, 2006 before the Assistant Collector, 1 Class/Tehsildar, Tehsil-Jakhaniya, on the basis of which Case No.T 202114290502660, Report Lekhpal v. Ramadhar has been instituted in the case of the deponent and notice on R.C. Form-20 has been issued to the encroacher as per rules. However, after affording sufficient opportunity to the encroacher as per rules, the order of eviction dated 10.11.2023, has been passed. 5-That it is also relevant to mention here that to remove the encroachment in compliance of the order of this Hon'ble Court, vide letter dated 25.04.2025 issued by the Sub Divisional Magistrate, Jakhaniyan, Ghazipur, a Revenue Team has been constituted. The Revenue Team appeared on the spot on 25.04.2025 and has got removed the encroachment and now on the spot, there is no encroachment. At present, the petitioner is in Mumbai. The uncle of the petitioner remained present on the spot and after being satisfied, he has put his signature on the spot memo.
True copies of the spot memo dated 25.04.2025 along with the photographs are being filed herewith collectively and marked as ANNEXURE NO.PA.1 to this Personal Affidavit."
Learned Counsel for the respondent states that the encroachment in plot no. 388/0.030 hectares situate in Village Belhara, Pargana Sadiyabad, Tehsil Jhakhania,
Ghazipur have been removed.
Learned Counsel for the petitioner does not dispute the said fact. In view of the matter, no further orders are required to be made in this petition. This petition is consigned to record.
Order Date :- 7.5.2025 Vijay Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad