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2025 DAILYLAW 56655 (ALL)

KALIKA SHANBHU v. STATE OF U.P. AND 3 OTHERS

WPIL/1139/2025 · 2025-09-07

J J Munir

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 1139 of 2025 Court No. - 49 HON'BLE J.J. MUNIR, J. 1. In compliance with the order dated 07.07.2025, a personal affidavit dated 24.07.2025 has been filed by the District Magistrate, Azamgarh, where in paragraph nos. 7 and 8, it is averred: "7. That it is most respectfully submitted that against the eviction order dated 22.02.2025 of the Tehsildar Phulpur Azamgarh, the appeal being computerized No. Appeal No.D202515060001371 (Bujhawan vs. Tehsildar Phulpur), under Section 67 (5) of the U.P. Revenue Code, 2006, has been filed in the court of District Magistrate, Azamgarh. Thereafter, the said Appeal No.D202515060001371 (Bujhawan vs. Tehsildar Phulpur) has been transferred to the court of Additional District Magistrate (Administration) for hearing, which has been Magistrate rejected by the Additional District (Administration), Azamgarh, vide order dated 15.07.2025. For kind perusal of this Hon'ble Court, copy of the order dated 15.07.2025 is being filed herewith and marked as ANNEXURE NO.PA-1to this affidavit. 8. That, a report was received from the Tehsildar Phulpur Azamgarh regarding the further action taken in the case in Dquestion, according to which, in compliance of the order dated 15.07.2025 passed by the Court of Additional District Magistrate (Administration), Azamgarh, the notice was given to the opposite party to remove his encroachment Cover the land in question, but when the opposite party did not vacate his possession himself, then the revenue team on 21.07.2025 has removed the encroachment from the land of Gata No.348 in question. For kind perusal Versus Counsel for Petitioner(s) : Kirt Raj Yadav Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla Kalika Shanbhu .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) of this Hon'ble Court, copy of the spot memo dated 21.07.2025 is being filed herewith and marked as ANNEXURE NO.PA-2 to this affidavit." 2. The affidavit shows that the encroachment has been removed on 21.7.2025. 3. In this view of the matter, no further orders are required to be made in this petition. 4. It is consigned to record. If, however, the fact of removal of encroachment be incorrect, it will be open to the petitioner to make an application in the decided matter seeking revival of P.I.L. September 8, 2025 Vijay WPIL No. 1139 of 2025 2 (J.J. Munir,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad