Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:103888 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1147 of 2025 Petitioner :- Shyamdulari Devi Respondent :- State of U.P. and others Counsel for Petitioner :- Om Prakash,Vibhuti Prasad Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble J.J. Munir,J.
1. In compliance with the order dated 14.05.2025, the Tehsildar, Tehsil Jakhania, Ghazipur has filed his personal affidavit, where, in paragraph Nos. 6 and 7, it is averred:
6. That it is respectfully submitted that the land of Gata No.388, area 0.0280 hectare, situated at village Belhara Pargana Shadiabad Tehsil Jakhanian District Ghazipur is recorded as Chak Marg category-6(2) in the revenue records, the area 0.0005 hectare was found encroached by Ashok son of Faujdar in the form of Madhai and Sahan. regarding which the Halka Lekhpal submitted his report on Form-19 under Section 67 of Uttar Pradesh Revenue Code 2006 to the court of Assistant Collector First Class/Tehsildar Jakhanian. On the basis of the said report, the eviction Case/Computerized Case No.1202114290502661 (report Lekhpal vs Ashok) was filed in the court of Tehsildar, Tehsil Jakhaniya, District Ghazipur. Thereafter, the notice was issued to the encroacher on RC Form-20. Thereafter, after hearing to the parties, the eviction order dated 10.11.2023 has been passed by the Tehsildar, Tehsil Jakhaniya, District Ghazipur. 7. That, it is most respectfully submitted that in compliance of the order dated 07.05.2025, passed by the Hon'ble Court in Public Interest Litigation No.849 of 2025 (Rakesh Ram Versus State of U.P. and 5 others), the Sub- Divisional Magistrate Jakhaniya, vide order dated 25.04.2025, has constituted a revenue team and directed to make spot inspection and remove the encroachment in question. In pursuance thereof, the revenue team visited the spot on 25.04.2025 and got removed said encroachment on the spot and in this regard, filed personal affidavit before the 06.05.2025. Thereafter, the Hon'ble Court was pleased to dispose of the said Public Interest Litigation No.849 of 2025, It is further submitted that at present there is no encroachment over the land in question. On 21.05.2025, the petitioner Shyamdulari wife of Basdev appeared on the spot and on the said proceedings, she was satisfied and put her thumb impression on the spot memos.
For kind perusal of this Hon'ble Court, copy of the spot memo along with photographs of the spot and the copy of the order dated 07.05.2025, passed by the Hon'ble Court in
Public Interest Litigation No.849 of 2025 are being filed herewith and marked as ANNEXURE NO.CA-1 & CA-2 to this affidavit. 2. In this view of the matter, no further orders are required to be made in this petition. It is, accordingly, consigned to record. 3. This order has been passed in the presence of learned Counsel for parties. Order Date :- 3.7.2025 I. Batabyal (J.J. Munir, J.) Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad