HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 426 of 2026 Court No. - 55 HON'BLE CHANDRA KUMAR RAI, J. 1. Supplementary affidavit along with the complete copy of the khatauni of the plot in question filed on behalf of the petitioner is taken on record. 2. Heard learned Counsel for the petitioner, Mr. Ram Dhan, learned State Law Officer for the State respondent and Mr. Pankaj Kumar Gupta, learned Counsel for respondent- Gaon Sabha. 3. The instant public interest litigation has been filed for the following reliefs:- "(i) Issue an order or direction in the nature of mandamus directing the respondents remove the illegal encroachment of Gata No. 901 Ka area 0.3560 hectare situated in Village Vairagal, Tappa-Ooji, Pargana- Nagar Pashchim, Tehsil Harraiya District Basti. (ii) Issue an order or direction in the nature of mandamus directing the respondent no.2, District Magistrate District Basti to decide the application/ representation of petitioner dated 30.10.2023 pending before him expeditiously within stipulated period." 4. Counsel for the petitioner submitted that in view of the entry of the plot in question, appropriate action should be taken for removal of encroachment from the plot in question. 5. The instruction dated 11.3.2026 sent by Tehsildar, Haraiya Basti is taken on record. Versus Counsel for Petitioner(s) : Ravindra Prakash Srivastava, Vikash Singh Yadav Counsel for Respondent(s) : C.S.C., Pankaj Kumar Gupta Firoz Ahmed .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) 6. Mr. Ram Dhan, learned State Law Officer for the State respondent on the basis of the instruction submitted that plot No. 901 ka area 0.3560 hectare is recorded as rasta and plot No. 901 kha area 0.0110 hectare is recorded in the name of Bhanmati as Class 1- Ka category tenure holder. He further submitted that plot No. 901 ka and 901 kha are minjumla plot and there is no partition in the map accordingly proceeding under Section 30 (2) of U.P. Revenue Code, 2006 is under process. He further submitted that construction has been found over plot No. 901 ka area 0.0006 hectare accordingly proceeding under Section 67 of U.P. Revenue Code, 2006 has been registered as case No. T202617140104331 (Gaon Sabha Vs. Wadiujama). He further submitted that after disposal of the aforementioned proceeding, appropriate steps shall be taken by the authorities. 7. Considering the entire facts and circumstances of the case, the instant public interest litigation is finally disposed of directing the respondent no.4, Tehsildar Haraiya Basti to decide the case No. T202617140104331 (Gaon Sabha Vs. Wadiujama) after affording proper opportunity to the parties expeditiously. March 19, 2026 Vandana Y. WPIL No. 426 of 2026 2 (Chandra Kumar Rai,J.) Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad