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Neutral Citation No. - 2025:AHC:20447 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 143 of 2025 Petitioner :- Sabnam Parveen Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akhilesh Kumar Pandey,Shreesh Bahadur Tripathi Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Chandra Kumar Rai,J.
1. Heard Mr. Shreesh Bahadur Tripathi, learned counsel for the petitioner, Mr. Shashi Kant Kushwaha, learned Standing Counsel for the State- respondents and Mr. Azad Rai, learned counsel for the respondent- Gaon Sabha. 2. The instant public interest litigation has been filed for the following relief:
" issue a writ order or direction in the nature of mandamus commanding the respondent authorities to vacate the Gram Sabha Land from illegal encroachment bearing Gata No.325 area 0.0140 hectare situated at Village- Mandaur, Tahsil- Phoolpur, District- Prayagraj with immediate effect. "
3. This Court on 22.1.2025 directed the learned Standing Counsel for the State and learned counsel for the gaon sabha to obtain instruction in the matter. 4. In compliance of the order of this Court, instruction dated 10.2.2025 sent by Sub-Divisional Officer, Phoolpur, Prayagraj is taken on record. 5. Learned Standing Counsel and Counsel for the gaon sabha on the basis of instruction submitted that the plot no.325 area 0.0140 hectare is recorded as navin parti in the revenue records. They further submitted that the demarcation / inspection of the plot in question was conducted by the revenue team constituted for the purpose and it has been found that one Ruchi Vishwakarma wife of Ram Sagar was found in possession over the area 0.0140 hectare of plot no.325, accordingly, proceeding under Section 67 of U.P. Revenue Code, 2006 has been registered against Ruchi Vishwakarma wife of Ram Sagar as Case No.T202502030201766 (Gaon Sabha vs Ruchi Vishwakarma) and next date fixed in the proceeding is
14.2.2025. They further submitted that after disposal of the aforementioned case under Section 67 of U.P. Revenue Code, 2006, the appropriate action shall be taken by the authorities. 6. Learned counsel for the petitioner submitted that appropriate direction be issued for expeditious disposal of the aforementioned case 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 the proceeding under Section 67 of U.P. Revenue Code, 2006 has been registered against Ruchi Vishwakarma wife of Ram Sagar as Case No.T202502030201766 (Gaon Sabha vs Ruchi Vishwakarma) before Tahsildar, Phoolpur Prayagraj. 9. Considering the facts and circumstances of the case, the instant petition is finally disposed of directing the Tahsildar, Phoolpur, Prayagraj to decide the Case No.T202502030201766 (Gaon Sabha vs Ruchi Vishwakarma), 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