Pyare Lal Rai v. State of U.P. and 3 Others

Court No. - 51 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2596 of 2023 Petitioner :- Pyare Lal Rai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Kumar Rai Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J.

¶1Heard Mr. Alok Kumar Rai, Counsel for the petitioner and Mr. Mridul Kumar, learned Standing Counsel for State-respondents.

¶2Mr. Mridul Kumar, learned Standing Counsel for the State-respondents placed the instruction before the Court which is taken on record.

¶3On the basis of the instruction, Mr. Mridul Kumar, learned Standing Counsel for the State-respondents submitted that revenue team was constituted to inspect the plot No. 6565, 6567/1, 6569 and after inspection, it has been found that plot No. 6565 area 0.890 acre is pond, plot No. 6567/1 area 0.580 hectare, plot No. 6569 area 0.380 acre is Junior High School which are free from any encroachment. He further submitted that over plot No. 6566 area 0.500 acre, plot No. 6564 area 0.819 acre, plot No. 6568 area 0.560 acre, plot No. 6563 area 1.170 acre, there are encroachment by the private parties accordingly 9 cases have been registered against the persons who have encroached the aforementioned plots. The particulars of the 9 cases are as follows:-

(a) T202315060404938

(b) T202315060404939

(c) T202315060404940

(d) T202315060404941

(e) T202315060404942

(f) T202315060404943

(g) T202315060404944

(h) T202315060404945

(i) T202315060404946

¶4Counsel for the petitioner submitted that appropriate direction be issued for the disposal of the aforementioned cases so that encroachment over the same may be removed expeditiously. He further placed the revenue entry of the plot in dispute.

¶5Considering the facts and circumstances, the instant public interest litigation is finally disposed of with direction to Tehsildar, Lalganj, Azamgarh to deice the aforementioned nine pending cases under Section 67 (1) of the U.P. Revenue Code expeditiously preferably within period of six months from the date of production of certified copy of this order after affording proper opportunity to both the parties and without granting unnecessary adjournment to the parties. Order Date :- 8.11.2023 Vandana Y. High Court of Judicature at Allahabad