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2025 DAILYLAW 52528 (ALL)

DAYA SHANKAR DWIVEDI v. STATE OF U.P. AND 6 OTHERS

WPIL/989/2025 · 2025-05-22

J J Munir

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:88714 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 989 of 2025 Petitioner :- Daya Shankar Dwivedi Respondent :- State of U.P. and others Counsel for Petitioner :- Sarvesh Pandey Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta Hon'ble J.J. Munir,J. 1. A personal affidavit has been filed by the District Magistrate, Siddharth Nagar in Court today. It is taken on record. Let it be numbered by the office. In paragraph Nos. 7 and 8 of the affidavit, it is averred : 7. That it is most respectfully submitted that on 09.05.2025, the revenue team, under the leadership of Tehsildar, Shohratgarh has removed the encroachment on the spot and executed/complied with the eviction orders dated 25.06.2024 and 20.12.2024 passed by the Court Tehsildar/Assistant Collector, Shohratgarh Siddharthnagar. For kind perusal of this Hon'ble Court, copy of the report/spot memo along with photographs of the spot dated 09.05.2025 are being filed herewith and marked as ANNEXURE NO.PA-3 to this affidavit. 8. That it is most respectfully submitted that in compliance of the order dated 13.05.2025 of this Hon'ble Court, again the spot inspection was got conducted by the revenue team on 18.05.2025 and after inquiry, the revenue team has given its report dated 18.05.2025, mentioning therein that the land of Gata No.47 area 0.356 hectare (Rasta) is presently vacant and there is no encroachment over the land in question. For kind perusal of this Hon'ble Court, copy of the report dated 18.05.2025 is being annexed herewith and is marked as Annexure No.PA-4 to this Affidavit. 2. Learned Counsel for the petitioner acknowledges the fact that all encroachments have been removed. Now, it shall be the duty of the District Magistrate to see that the public land comprising Plot No. 47/0.256 hectare, situate in Village Luchuiya, Tappa Akhin, Pargana Naugarh, Tehsil Soharatgarh, Siddharth Nagar is not encroached by anyone in future and remains available for the purpose that it is meant. It is ordered accordingly. 3. This petition stands disposed of in terms of the orders aforesaid. 4. This order has been passed in the presence of learned Counsel for parties. 5. The Registrar (Compliance) is directed to communicate this order to the District Magistrate, Siddharth Nagar through the learned Chief Judicial Magistrate, Siddharth Nagar. Order Date :- 23.5.2025 I. Batabyal (J.J. Munir) Judge Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad