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2026 DAILYLAW 7654 (ALL)

SHESHNATH YADAV v. STATE OF U.P. AND 5 OTHERS

WPIL/2236/2026 · 2026-09-17

Arun Kumar

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2236 of 2026 Court No. - 51 HON'BLE ARUN KUMAR, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents State. 2. The present writ petition has been filed seeking a direction to the respondent nos.2 to 5 to remove the illegal encroachment made by respondent no.6 over Plot No.705Mi area 0.1980 hectare, recorded as Usar in the relevant revenue records, relating to Village Mahuwari, Tehsil Madiyahun, District Jaunpur. 3. It is contended by learned counsel for the petitioner that the proceeding under Section 67(1) of the U.P. Revenue Code, 2006 was initiated against the respondent no.6. However, due to the proceedings of demarcation of his bhumidhari Plot No.706, the aforesaid proceeding was dropped. As no discrepancy was found in the Plot No.706, therefore, the proceeding under Section 67, which was dropped due to the pending demarcation proceeding, was liable to be restored and decided afresh. The petitioner has moved a restoration application, which is pending consideration since 30.12.2025. 4. In view of the contention of the learned counsel for the petitioner, if the restoration filed by him is decided by the Assistant Collector/Tehsildar, Madiyahun, District Jaunpur, his grievance stands redressed. 5. In the aforesaid circumstances, the present writ petition is disposed of with direction to the respondent no.4 to decide the restoration, being Case No.T202414360604385, by passing appropriate order, in accordance with Versus Counsel for Petitioner(s) : Vishwajit Kumar Mishra Counsel for Respondent(s) : C.S.C. Sheshnath Yadav .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) law, after hearing the parties concerned, within a period of two months from the date of presentation of a certified copy of this order. September 18, 2026 Anil WPIL No. 2236 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad