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Neutral Citation No. - 2025:AHC:114674 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1532 of 2025 Petitioner :- Bharat Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Brijesh Kumar Singh Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble J.J. Munir,J. A personal affidavit has been filed by the Collector, Ghazipur and another personal affidavit by the Tehsildar, Tehsil-Mohammadabad, District Ghazipur. Let both the affidavits be taken on record and numbered by the office. In paragraph no. 14 of the Collector's affidavit, it is averred:
"14-That subsequent to the eviction order dated 05.05.2017 passed by the Tehsildar (Judicial), Muhammadabad, District-Ghazipur and the order dated 05.12.2019, on 03.07.2025, a Revenue Team in the Chairmanship of the Naib Tehsildar was constituted, however, the encroachments made by the Samu, Nirmal, Durbal, sons of Mus Pal, Resident of Saidachak, Tehsil- Muhammadabad, District-Ghazipur upon Area 0.005 Hectare of the land in question, has been removed with the help of Police Force, but the complainant denied to put his signature in spite of the fact that he was present on the spot and thereafter after preparing a report of the proceeding being initiated, has been got received to the wife of the complainant. After eviction of the Chak Road, to form the land as Chak Road, a letter dated 10.07.2025 has been sent to the Block Development Officer by the Sub Divisional Magistrate, Muhammadabad, Ghazipur. True copies of the spot memo, Naksha-Nazari and the photographs and the copy of the proceeding received by the wife of the petitioner, are being filed herewith collectively and marked as ANNEXURE NO.PA.3 to this Personal Affidavit.
Learned counsel for the petitioner submits that it is true that the encroachments have been removed, but there is a surviving hand-pump, which is placed in the centre of a public road that was encroached by respondent nos. 5 to 7. The said respondents are the encroachers and have sunk the said pump, which has survived the encroachment after removal ordered by the Statutory Authorities and carried out under the directions of this Court. The District Magistrate, Ghazipur shall ensure that if there is any such hand- pump, which has been placed on any part of the road, encroachment whereupon has been removed, the same too shall be removed within a week. It is further
directed that the road in plot no. 74/0.025 hectare shall be caused to be demarcated by the Collector and permanently marked or secured in such manner as may seem fit, considering where the road is located, but in all events ensuring that the road is not encroached again. This petitioner is disposed of in terms of the aforesaid order. Let this order be communicated to the Collector, Ghazipur through the Chief Judicial Magistrate, Ghazipur by the Registrar (Compliance) within 24 hours.
Order Date :- 16.7.2025 Deepak Digitally signed by :- DEEPAK KUMAR PANDEY High Court of Judicature at Allahabad