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Neutral Citation No. - 2025:AHC:107993 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1276 of 2025 Petitioner :- Dharm Pal Singh Respondent :- State of U.P. and others Counsel for Petitioner :- Akhilesh Prasad Tripathi Counsel for Respondent :- C.S.C., Hari Narayan Singh Hon'ble J.J. Munir,J. In the affidavit that has been filed by the Tehsildar, Tehsil Tirwa, Kannauj in compliance with this Court's order dated 21.05.2025, it is averred in paragraph Nos. 6 to 8 :
6. That against the order dated 30.01.2024 encroachers has filed restoration application on 03.03.2025 as applicaton No. 5750/2025 its Computerized Case No. T202503390305750 Gaon Sabha Vs. Brajendra and others under Section 67 U.P. Revenue Code, 2006 has been registered upon which next date was fixed on 15.05.2025 and counsel for the encroacher demaned time hence next date is fixed i.e. 26.05.2025 for hearing and disposal of restoration application after hearing the counsel of the encroacher upon the restoration application on the ground of delay and maintainable vide order dated
26.05.2025. A true photocopy of the order dated 26.05.2025 is being filed herewith and marked as Annexure No. 1 to this affidavit.
7. That in compliance of the order dated 26.05.2025 and 30.01.2024 a Revenue Team has been constituted in the headship of Shri Amit Kumar Pathak Naib Tehsildar, Tehsil Tirwa, Kannauj as eviction notice has already been given to the encroachers in compliance of the order dated 30.01.2024 to remove the encroachment and they did not file appeal against the order dated 30.01.2024 hence
order became final and Revenue Team removed the illegal encroachment of the encroacher over Gata no. 904 Kha over encroached area of 100 square meter and removed the illegal encroachment on 27.05.2025. A true photocopy of the spot memo and photographs are jointly being filed herewith and marked as Annexure No. 2 to this affidavit.
8. That in compliance of the order passed by this Hon'ble Court and order dated 30.01.2024 illegal encroachment of the encroachers has already been removed on 27.05.2025 hence filing of above noted PIL becomes enfructuous same may be liable to be dismissed as enfructutous.
Learned Counsel for the petitioner, though he objects to the existence of a way, but largely agrees that the encroachment has been removed.
In this view of the matter, no further orders are required to be made in this petition. It is, accordingly, consigned to record.
Order Date :- 7.7.2025 I. Batabyal (J.J. Munir, J.) Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad