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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2415 of 2025 Court No. - 55 HON'BLE CHANDRA KUMAR RAI, J.
1. Learned counsel for the petitioner shall serve the copy of the instant public interest litigation upon Mr. Pankaj Kumar Gupta, learned counsel for the respondent- Gram Sabha. 2. Heard Mr. Ashok Kumar Dwivedi, learned counsel for the petitioner, Mr. Prabhat Kumar, learned counsel for respondent no.4, Mr. Ashutosh Kumar Rai, learned Additional Chief Standing Counsel for the State- respondents and Mr. Pankaj Kumar Gupta, learned counsel for the respondent- Gram 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 directing the respondent no.2 to remove the illegal encroachment made by the respondent no.4 over the Gata No.59 area 0.0320 hectare, situated at Village- Samaudha Kala, Tahsil- Harraiya, District- Basti recorded as Navin Parti in the revenue record of the public utility land, so that justice may be done. ii. issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to conclude the proceeding under Section 67 of U.P. Revenue Code, 2006 vide Case No.T202217140107312 dated 17.8.2022 in accordance with law."
4. In the instruction it is mentioned that proceeding under Section 67 is Versus Counsel for Petitioner(s) : Ashok Kumar Dwivedi Counsel for Respondent(s) : Prabhat Kumar, C.S.C. Rama Pratap Yadav .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
already pending against respondent no.2/ Tahsildar Harraiya, Basti. 5. Mr. Prabhat Kumar, learned counsel for respondent no.4 submitted that proceeding under Section 30 of U.P. Revenue Code, 2006 has been initiated at the instance of respondent no.4 which is pending before revenue Court, as such, the proceeding initiated under Section 67 of U.P. Revenue Code, 2006 against respondent no.4 should be stayed as respondent no.4 is not in illegal possession of the plot in question. 6. Learned counsel for the petitioner submitted that the appropriate direction be issued for expeditious disposal of the pending proceeding under Section 67 of U.P. Revenue Code, 2006. 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 proceeding under Section 67 of U.P. Revenue Code, 2006 is pending in respect to the plot no.59 against respondent no.4 and objection filed by respondent no.4 is pending before respondent no.2. There is also no dispute about the fact that respondent no.4 has initiated proceeding under Section 30 of U.P. Revenue Code, 2006, which is pending before the Court concerned. 9. Considering the aforementioned aspect of the matter, the instant public interest litigation (P.I.L.) is finally disposed of with liberty to respondent no.4 to press his objection before respondent no.2/ Tahsildar about the pendency of the proceeding under Section 30 of U.P. Revenue Code, 2006, which shall be considered by the respondent no.2/ Tahsildar in Case No.7312 of 2022 under Section 67 of U.P. Revenue Code, 2006 in accordance with law expeditiously. October 10, 2025 Rameez WPIL No. 2415 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad