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2025 DAILYLAW 61629 (ALL)

VISHUN v. STATE OF U.P. AND 7 OTHERS

WPIL/1296/2025 · 2025-07-06

J J Munir

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:108774 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1296 of 2025 Petitioner :- Vishun Respondent :- State of U.P. and others Counsel for Petitioner :- Omkar Nath Rai Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble J.J. Munir,J. Respondent Nos. 5 to 8 have filed their counter affidavits - respondent Nos. 5 and 6 jointly, and respondent Nos. 7 and 8, severally. All the affidavits are taken on record. Let these be numbered by the office. A personal affidavit has been filed by the Collector, Kushinagar, where, in paragraph No. 9, it is averred : 9. That it is most respectfully submitted that meanwhile, the land holder of Gata No.510 Kamalavatl wife of Dayanand has filed Case for map correction, in which as per the report of the tehsil dated 10.09.2020, the Gata No.512 was shown affected. As the matter was pending in the court, the encroachment of the affected parties could not be removed. In the case for map correction filed in the court of District Magistrate and after hearing the parties, the Additional District Magistrate Judicial Kushinagar, received report from the tehsil on 10.09.2020 was cancelled in its order dated 18.10.2024. After which the petitioner submitted a miscellaneous application dated 06.12.2024 in which a request was made to comply with the order dated 24.05.2017 passed by the court Tehsildar Khadda. In compliance thereof, the action was taken to give notice to the said encroacher to remove the encroachment. In which the encroacher demanded time to remove the encroachment himself. But the encroachment was not removed within the stipulated time period. Due to which, notice was again given on 23.05.2025 and on 25.05.2025, the revenue team headed by Tehsildar Khadda reached the spot and in his presence, the said encroachment was removed from Gata No.512/0.0240 Hectare and it was freed from encroachment on 26.05.2025. For kind perusal of this Hon'ble Court, copy of the spot memo along with photographs of the spot are being filed herewith and marked as ANNEXURE NO.CA-3 to this affidavit. It is evident, from a perusal of the said paragraph, that the encroachment, that was complained of, has been removed on 26.05.2025. Learned Counsel for the petitioner does not dispute this fact, nor does Mr. Ram Prasad Dubey, learned Counsel for respondent Nos. 5 to 8. 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