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2025 DAILYLAW 56119 (ALL)

TARKESHAWAR SHAHI v. STATE OF U.P. AND 8 OTHERS

WPIL/1148/2025 · 2025-07-10

J J Munir

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:111497 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1148 of 2025 Petitioner :- Tarkeshawar Shahi Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Juned Alam Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble J.J. Munir,J. In compliance with the orders earlier made and the one last made on 03.07.2025, the Collector, Kushinagar has filed his personal affidavit. A personal affidavit has also been filed by the Tehsildar, Tamkuhiraj, District Kushinagar. Both the affidavits are taken on record. Let these be numbered by the Office. In paragraph no. 13 of the personal affidavit filed by the Collector, it is averred: "13. That it is most respectfully submitted that the encroachment of Respondent Nos.4 to 10 over the land in question was removed by the revenue team on 23.05.2025. The purpose of re-demarcation was only to clarify the facts of the encroachment, which facilitated the removal of encroachment on the spot and ensuring law and order situation/peace. The petitioner submitted an application on 03.07.2025 for removing the debris of the demolished construction. For kind perusal of this Hon'ble Court, copy of the application dated 03.07.2025 of the petitioner is being filed herewith and marked as ANNEXURE NO.PA-5 to this affidavit. It is further submitted that thereafter, on the said application the action was taken and the debris of the demolished encroachment/illegal construction has been removed by a joint team of revenue and police on 09.07.2025. Satisfied with the action of the revenue team, the petitioner has signed the spot memo. For kind perusal of this Hon'ble Court, copy of the spot memo dated 23.05.2025 along with spot photographs dated 09.07.2025 are being filed herewith and marked as ANNEXURE NO.PA-6 to this affidavit." Learned Counsel for the petitioner states at the Bar that the construction and the debris has now been removed. In the circumstances, there is no necessity or occasion to proceed further in this matter. It is consign to record. Order Date :- 11.7.2025/Vijay Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad