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2025 DAILYLAW 85927 (ALL)

BHRIAGU NATH v. STATE OF U.P. AND 4 OTHERS

WPIL/2417/2025 · 2025-10-09

Chandra Kumar Rai

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2417 of 2025 Court No. - 55 HON'BLE CHANDRA KUMAR RAI, J. 1.Certified copy of the appellate order dated 12.9.2025 passed under Section 67 (5) of U.P. Revenue Code, 2006 is taken on record. 2. Heard Mr. Navneet Kumar Srivastava, learned Counsel holding brief of Mr. Gyan Prakash Verma, learned counsel for the petitioner, Mr. Vikalp Kumar Rai, learned counsel for respondent no.5 and Mr. Rameshwar Prasad Shukla, learned counsel for respondent- Gaon Sabha. 3. The instant public interest litigation (P.I.L.) has been filed for the following reliefs: "i. issue a writ, order or direction in the nature of mandamus commanding and directing the respondent nos.2 & 3 to comply the order dated 3.7.2023 passed by Tahsildar, Tahsil- Martinganj, District- Azamgarh in case no.763 of 2022, Computerized Case No.T202215060800763 report Lekhpal vs. Shamsher under Section 67 of U.P. Revenue Code, 2006 removal the Arazi no.110 area 0.0930 hectare which is situated at Village- Ahirauli, Pargana Bela Daultabad, Tahsil- Martinganj, District- Azamgarh. ii. issue a writ, order or direction in the nature of mandamus commanding and directing the public pond which is encroached by the respondent no.5 which is situated at Village- Ahirauli, Pargana Bela Daultabad, Tahsil- Martinganj, District- Azamgarh." 4. Mr. Vikalp Kumar Rai, learned counsel for respondent no.5 submitted Versus Counsel for Petitioner(s) : Gyan Prakash Verma Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla, Vikalp Kumar Rai Bhriagu Nath .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) that the order for ejectment and damages passed by Tahsildar dated 3.7.2023 has been set aside in appeal vide order dated 12.9.2025 under Section 67 (5) of U.P. Revenue Code, 2006, as such, no further cause of action survives in the matter. 5. In view of the fact that order of Tahsildar dated 3.7.2023 has been set aside in appeal and matter has been remitted back before the respondent no.3/ Tahsildar, Martinganj, District- Azamgarh to decide the case no.763 of 2022, Computerized Case No.T202215060800763 report Lekhpal vs. Shamsher under Section 67 of U.P. Revenue Code, 2006 afresh, as such, there is no question to implement the order dated 3.7.2023, which has been set aside in appeal. 6. No cause of action survives in the matter. 7. The instant public interest litigation (P.I.L.) is dismissed accordingly. October 10, 2025 Rameez WPIL No. 2417 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad