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Neutral Citation No. - 2025:AHC:141495 Court No. - 33 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1778 of 2025 Petitioner :- Daud Ahmad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Balwant Singh Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta Hon'ble Prakash Padia,J.
1. The petitioner has preferred the present petition inter alia with the following prayer:-
"A. Issue a writ order or direction in the nature of mandamus commanding and directing Respondent No. 2 i.e. Assistant Collector/Tehsildar Tehsil Ghanghata, District Sant Kabir Nagar to decide the proceeding under section 67 of the U.P. Revenue Code, 2006, filed by petitioner, (Daud Ahmad Vs. Shiv Kumar and others) within stipulated period given by this Hon'ble Court."
2. It is argued that the proceedings were initiated by the petitioner under section 67 of U.P. Revenue Code, 2006 for removal of illegal encroachment, though a considerable time has already been lapsed but till date no decision has been taken, hence the present petition.
3. Learned Standing Counsel placed the instructions dated 15.07.2025 under the signatures of Sub Divisional Magistrate, Dhanghata, District Sant Kabir Nagar, the same is taken on record.
4. From perusal of aforesaid it transpires that the land situated in village Chakia at plot number 175/6/0.784 hectare, 429/0.584 hectare, plot number 4040.164 hectare, plot number 403/0.184 hectare and plot number 428/0.379 hectare has been illegally encroached by the villagers, for removal of illegal encroachment as many as 42 cases were filed against the encroachers by the Gaon Sabha, out of which certain cases were already decided and some of case are still pending
consideration.
5. Heard counsel for the parties and perused the record.
6. With the consent of parties, the present petition finally disposed of. A mandamus is issued to the respondent no. 2 to take a decision in the matter expeditiously and without granting any unnecessary adjournments.
Order Date :- 19.8.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad