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Neutral Citation No. - 2025:AHC:79038 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 940 of 2025 Petitioner :- Gopi Yadav Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Hari Om Ojha,Rishi Kant Rai Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble J.J. Munir,J. In compliance with the order dated 29.04.2025, a personal affidavit has been filed by the Tehsildar, Tehsil Hata, District Kushinagar in Court today. It is taken on record. Let it be numbered by the Office. In paragraph nos. 4, 5 and 6 of the said affidavit, it is averred:
"4. That, in compliance of aforesaid order of this Hon'ble Court, the present personal affidavit of the Tehsildar, Tehsil Hata, District Kushinagar is being filed before this Hon'ble Court. 5 That, it is respectfully submitted that the Gata No.718 area 0.020 hectare, situated at village Mathouli Tappa Parvarpar Pargana Haveli, Tehsil Hata, District Kushinagar, is recorded the revenue record as Chak Marg. On report of the Lekhpal with regard to encroachment over an area of 0.00066 hectare, on RC Form 19, the eviction Case being Computerized Case No.T 202305440204839 was filed in the court of Tehsildar (Judicial) Hata, Kushinagar, in which, after hearing the parties, an order of eviction was passed on the basis of merits on 09.07.2024.
6. That, it is most respectfully submitted that in compliance thereof, the encroachment was removed on 11.05.2025 in the presence of the petitioner and wife of respondent 5 namely Smt. Meena Devi, on the spot. The Respondent No.5 stays outside for livelihood, his wife Smt. Meena Devi, was present on the spot and no evidence of any kind of appeal or stay order was produced by her on the spot and Mrs. Meena Devi, wife of respondent no.5, also helped in removing the said encroachment on 11.05.2025. For kind perusal of this Hon'ble Court, copy of the report/spot memo dated 11.05.2025 along with photograph of the spot are being filed herewith and are marked collectively as ANNEXURE NO.PA-1 to this affidavit." In view of the aforesaid stand, it is apparent that encroachments have been removed.
Learned Counsel for the petitioner also states that the encroachments have been removed. Considering the supervening developments, no further orders are required to be made in this petition.
This petition is consigned to record. Let this order be communicated to the Tehsildar, Tehsil Hata, District Kushinagar through the learned Chief Judicial Magistrate Kushinagar by the Registrar (Compliance).
Order Date :- 13.5.2025 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