Disposed
Akash v. State of U.P. and 7 Others
Allahabad HCWPIL/302/2023
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Case :- PUBLIC INTEREST LITIGATION (PIL) No.…
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Case :- PUBLIC INTEREST LITIGATION (PIL) No.…
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Court No. - 6
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 302 of 2023
Petitioner :- Akash Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Ram Yash Chauhan Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
Hon'ble J.J. Munir,J.
Heard learned counsel for the petitioner and Mr. Shrawan Kumar Dubey, learned Standing Counsel appearing for the State.
In compliance with the order dated 16.02.2023 passed by this Court, Shailendra Kumar Singh, Tehsildar, Tehsil Lalganj, District Azamgarh has filed his personal affidavit, wherein it is averred in paragraph no. 5 as follows.:
" That the land in question situated in Gata No. i.e. 1/1 Area 11.579 is recorded as Pond in the revenue record. It is however submitted that some part of the said Arazi area 1.500 Hec and 1.000 were allotted in the name of Sri Vinod Saroj (respondent no. 7) S/o Tilthu and Ram Avatar S/o Tilthu (respondent no. 6, now deceased) R/o Asaurteekar, Pargana Beladaulatabad, Tehsil lalganj, Azamgrah for fishing purposed, the duration of which has already been expired in year 2019. It is further pertinent to point out here that a temporary hut for keeping the fishes had been made by the respondent no. 6 & 7, against which an eviction suit under Section 67(1) of U.P. Revenue Code, 2006 has been filed by the concerned Lekhpal, against which a notice has been issued to the respondent no. 7 & 8 for vacating the said area, but the respondent no. 7 & 8 has voluntarily removed their hut. For kind perusal of this Hon’ble Court, a photo stat copy of the, Computerized Suit Summary bearing No. T202315060400807, Photograph (Before Removal & After Removal) as well as Spot Memo are being enclosed herewith and marked as ANNEXURE-1 to this affidavit collectively."
Learned counsel for the petitioner does not dispute the fact that the encroachment has been removed by respondent nos. 7 and 8, as stated by the Tehsildar in his personal affidavit.
In this view of the matter, no further orders are required to be made in this petition. It is consigned to records.
Order Date :- 23.2.2023 Deepak
Digitally signed by :- DEEPAK KUMAR PANDEY High Court of Judicature at Allahabad
Akash
State Of U.P.
Vinod Saroj
Ram Avatar
J.J. Munir
Deepak Kumar Pandey
As recorded by the court registry
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