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Ram Bachan Chauhan v. State Of U.p. And 5 Others

Ram Bachan Chauhan v. State Of U.p. And 5 Others

(High Court Of Judicature At Allahabad)

PUBLIC INTEREST LITIGATION (PIL) No. - 2412 of 2024 | 04-03-2025

1. Heard learned counsel for the petitioner, Mr. Ravi Singh Parihar, learned Standing Counsel for the State-respondents and Mr. Rameshwar Prasad Shukla, learned counsel for the gaon sabha.

2. The instant petition has been filed for the following reliefs:

"i. issue a writ, order or direction in the nature of mandamus directing and commanding the respondents authority to remove the illegal encroachment of respondent no.6 by completing the further proceedings initiated against them in Case No.T202115060702384, under Section 67 of U.P. Revenue Code, 2006 as well as the Rules framed thereunder, pending before the respondent no.4 for removal of encroachment over the Arazi No.633 area 0.0630 Hectare, situated in Village- Harai Ismailpur, Pargana and Tahsil- Sagdi, District- Azamgarh within the period stipulated by this Hon'ble Court.

ii. issue a writ, order or direction in the nature of mandamus directing and commanding the respondents complete the further proceeding initiated against the respondent no.6 by completing the further proceedings initiated against them in Case No.02384/ 2021, Computer Case No.T202115060702384, under Section 67 of the U.P. Revenue Code, 2006 as well as the Rules framed thereunder for removal of encroachment over the Arazi No.633 area 0.0630 hectare, situated in Village Harai Ismailpur, Pargana and Tahsil- Sagdi, District- Azamgarh."

3. Learned counsel for the petitioner submitted that in view of the entry of the plot in question, the encroachment from the plot in question should be removed forthwith.

4. Learned Standing Counsel for the State submitted that the proceeding under Section 67 of U.P. Revenue Code, 2006 has already been initiated against the private respondent no.6 and the same is pending before respondent no.4/ Tahsildar, Tahsil- Sagari, District- Azamgarh as Case No.02384 of 2021, Computer Case No.T202115060702384, under Section 67 of U.P. Revenue Code, 2006, as such, no interference is required in the matter.

5. I have considered the argument advanced by learned counsel for the parties and perused the records.

6. There is no dispute about the fact that the proceeding under Section 67 of U.P. Revenue Code, 2006 has already been registered against respondent no.6, which is pending before respondent no.4.

7. Considering the facts and circumstances of the case, the instant public interest litigation is finally disposed of with observation that respondent no.4 / Tahsildar, Tahsil- Sagari, District- Azamgarh shall decide the aforementioned Case No.02384 of 2021, Computer Case No.T202115060702384, under Section 67 of U.P. Revenue Code, 2006 in accordance with law, expeditiously after affording proper opportunity of hearing to the parties.

Advocate List
  • Binod Kumar,Mani Shankar

  • C.S.C.,Rameshwar Prasad Shukla

Bench
  • Hon'ble Mr. Justice Chandra Kumar Rai
Eq Citations
  • 2025/AHC/30134
  • LQ/AllHC/2025/1209
Head Note