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2026 DAILYLAW 14278 (ALL)

BALBHADRA v. STATE OF U.P. AND 5 OTHERS

WPIL/2373/2026 · 2026-10-05

Arun Kumar

Public Interest Litigationbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2373 of 2026 Court No. - 51 HON'BLE ARUN KUMAR, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondent State. Sri Rameshwar Prasad Shukla, Advocate has accepted notice on behalf of Gaon Sabha. 2. The present writ petition has been filed seeking a direction to the respondent no.3 to decide the recall application dated 12.9.2025 filed against the order dated 15.2.2025 passed in Case No.5826 of 2022 under Section 67 of the U.P. Revenue Code, 2006, within a time framed as fixed by this Court. 3. Today when the case was taken up, learned Additional Chief Standing Counsel has placed before the Court the instructions dated 5.10.2026 sent by Tehsildar (Judicial), Tehsil Phulpur, District Azamgarh, which is taken on record. 4. Perusal of the aforesaid instructions shows that the restoration application against the order of eviction dated 15.2.2025 has been decided by the order dated 3.10.2026 rejecting it and the order of eviction has been affirmed. It is further stated that steps for evicting the encroacher will be taken immediately after the prescribed period of limitation for filing of appeal under Sub-section (5) of Section 67 of the U.P. Revenue Code, 2006 expires. 5. In view of the aforesaid facts, the relief claimed by petitioner in the present writ petition stands redressed. Versus Counsel for Petitioner(s) : Kailash Nath Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla Balbhadra .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) 6. In the aforesaid circumstances, the present writ petition is disposed of with direction to the Tehsildar (Judicial), Tehsil Phulpur, District Azamgarh to ensure that the order of eviction passed by him is brought to its logical end, if there is no other legal impediment. October 6, 2026 Anil WPIL No. 2373 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad