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Neutral Citation No. - 2025:AHC:20689 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 126 of 2025 Petitioner :- Guddu Gond Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rajesh Kumar Vishwakarma Counsel for Respondent :- Rameshwar Prasad Shukla,C.S.C. Hon'ble Chandra Kumar Rai,J.
1. Heard Mr. Rajesh Kumar Vishwakarma, learned counsel for the petitioner, Mr. Dinesh Kumar Verma, learned Standing Counsel for the State-respondents and Mr. Rameshwar Prasad Shukla, learned Counsel for the respondent- Gaon Sabha
2. The instant petition has been filed for the following relief:
"issue a writ order or direction in the nature of mandamus commanding the respondent authorities to take appropriate action for removal of unauthorized encroachment of private respondent no.6 over the Gata No.408mi area 0.0220 hectare recorded as a naveen parti and gata no.288 area 0.0780 hectare recorded as Harijan Kabristan in the revenue records."
3. This Court vide order dated 22.1.2025 directed the learned Standing Counsel and Counsel for the gaon sabha to obtain instruction in the matter. 4. In compliance of the order of this Court dated 22.1.2025, instruction dated 10.2.2025 sent by Tahsildar, Madhuban, Mau is taken on record. 5. Learned Standing Counsel on the basis of instruction submitted that the plot no.408M area 0.0220 hectare is recorded as navin parti and plot no.288 is recorded as harijan kabristan. He further submitted that in the inspection conducted by the revenue authority, no encroachment has been found over plot no.288 but in respect to the plot no.408M, the encroachments were found, accordingly, six cases have been registered against the persons who have been found in possession including respondent no.6/ Dinesh Chandra Dinkar. He further submitted that in view of the aforementioned facts, the proper action shall be taken by the authorities after disposal of the aforementioned cases by the Tahsildar. 6. Learned counsel for the petitioner submitted that appropriate direction be issued for expeditious disposal of the aforementioned cases within time bound period. 7. I have considered the argument advanced by learned counsel for the
parties and perused the records. 8. There is no dispute about the fact that six cases have been registered against the persons who have been found in possession including respondent no.6/ Dinesh Chandra Dinkar in respect to plot No- 408M.
The particulars of the case which are registered under Section - 67 of U.P. Revenue Code, 2006 are as follows:
"i. T202515510300579 (Gaon Sabha Vs. Jay Prakash). ii. T202515510300583 (Gaon Sabha Vs. Harish Chand). iii. T202515510300584 (Gaon Sabha Vs. Jay Vinod). iv. T202515510300586 (Gaon Sabha Vs. Jay Dinesh Chand). v. T202515510300587 (Gaon Sabha Vs. Suresh Chand). vi. T202515510300588 (Gaon Sabha Vs. Suggan)."
9. Considering the facts and circumstances of the case, the instant petition is finally disposed of directing the respondent no.4/ Tahsildar, Madhuban, Mau to decide the aforementioned six cases, under Section 67 of U.P. Revenue Code, 2006 expeditiously after affording proper opportunity of hearing to the parties. Order Date :- 13.2.2025 Rameez Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad