Neutral Citation No. - 2025:AHC:31909 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 112 of 2023 Petitioner :- Lavtoo Ram Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ramakant Singh Counsel for Respondent :- Ajay Kumar Singh,Anil Kumar Tiwari,C.S.C.,Rameshwar Prasad Shukla Hon'ble Chandra Kumar Rai,J. 1. Heard Sri Ramakant Singh, learned counsel for the petitioner, Sri Abhishek Kumar Srivastava, learned Additional Chief Standing Counsel for the State and Sri Rameshwar Prasad Shukla, learned counsel for the Gaon Sabha. 2. The instant Public Interest Litigation has been filed for the following reliefs:- "(a) Issue a writ, order or direction in the nature of mandamus directing the respondent authority to remove the illegal encroachment of the respondent nos. 5 to 6 over the Khasra no. 397K area about 0.3720 hectare is recorded as Bhita and Khasra No. 396Kha area about 0.1640 hectare is recorded as Pokhari, while Araji No. 542 are about 0.0220 hectare is recorded as Banjar and all the plots are situated in village Khande Raipur, Paragana Mohammadabad, Tehsil Maunath Bhanjan, District Mau. (b) Issue any other writ, order or direction in the nature as this Hon'ble Court may deem fit and proper in the circumstances of the case. (c) Allow the writ petition with costs in favour of the petition." 3 On 13.02.2023 following order was passed by this Court:- "Copy of the instructions dated 15.1.2023 received from the respondent no.3, is kept on record. Learned Standing counsel on the basis of the instructions submits that the proceedings under Section 67 Ka (1) of U.P. Revenue Code, 2006 is pending against the respondent nos. 5 and 6 and as such the relief claimed by the petitioner cannot be granted and further submits that in the writ petition, he has not disclosed his credential. Copy of the instructions has been given to the learned counsel for the petitioner during the course of the day. He prays for and is granted three days time to file affidavit in reply to the instructions as received by learned Standing counsel. Put up this matter again on 20th February, 2023 as fresh before appropriate Bench. The matter shall not be treated as tied up or part heard to this Bench." 4. Learned counsel for the petitioner submitted that in view of the entry of the plot in dispute the appropriate direction should be issued for removal of encroachment of respondent nos. 5 and 6 from the plot in question. 5. Learned Additional Chief Standing Counsel submitted that counter affidavit has already been filed in the matter stating that three proceedings under Section 67 (1) and 67-A of U.P. Revenue Code, 2006 in respect to the plot in question are pending before the Court of Tehsildar. He further submitted that in view of the pendency of the proceedings under Section 67 (1) & 67-A of U.P. Revenue Code, 2006 the prayer made in the instant petition cannot be granted. 6. In reply, the learned counsel for the petitioner submitted that appropriate direction be issued for disposal of pending proceeding under Section 67(1) as well as 67-A of the U.P. Revenue Code within a time bound period. 7. I have considered the arguments and advanced by the learned counsel for the parties and perused the record. 8. There is no dispute about the facts that proceedings under Section 67 (1) and 67- A of the U.P. Revenue Code, 2006 are pending in respect to the plot in question before the Court of Tehsildar. The particulars of three proceedings as mentioned in paragraph no. 4 of the Counter affidavit filed by State before this Court are as under:- "i. Case No. T202315510100371 under Section-67 (1) of U.P. Revenue Code, 2006 ii. Case No. T202315510100372 under Section-67 (1) of U.P. Revenue Code, 2006 iii. Case No. T202315510100370 under Section-67 (1) of U.P. Revenue Code, 2006 iv. one proceeding under Section-67 (A) of U.P. Revenue Code, 2006." 10. Considering the aforementioned facts and circumstances of the instant Public Interest Litigation is finally disposed of directing the respondent no.3-Tehsildar Sadar, Mau to decide the aforementioned pending cases under Section 67 (1) and 67 (A) of the U.P. Revenue Code, 2006 expeditiously, after affording proper opportunity of hearing to the parties. Order Date :- 5.3.2025 Neetu Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad