Arvind Singh Vs State of U.P. Thru. Prin. Secy. Reveneu Deptt. Lko and 8 Others

Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents, Shri Pankaj Gupta, learned counsel for the Gaon Sabha/ respondent no.5 and Shri Ram Prakash Singh, learned counsel has put in appearance on behalf of private respondent nos.6 to 9.

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The instant petition has been preferred with the prayer seeking removal of alleged illegal and unauthorized encroachment over Plot No.1768 measuring 0.6960 hectares situated in Village Dikisir, Pargana Dikisir, Tehsil Tarabganj, District Gonda, which as per the petitioner is recorded as a pathway in revenue records.

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A Coordinate Bench of this Court by means of order dated 16.12.2024 had required the learned Standing Counsel to seek instructions as to whether the order dated 08.11.2023 passed in proceedings under Section 67 of the U.P. Revenue Code, 2006 has been implemented or not. The same order was reiterated by this Court on 31.01.2025 and in pursuance thereof, the learned Standing Counsel has provided a copy of the written instructions dated 10.02.2025 under the signatures of Tehsildar,

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Tarabganj, Gonda for the perusal of record, which is taken on record. In the said instructions, it has been stated that the alleged illegal constructions have been removed and the pathway is unobstructed.

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Learned counsel for the private respondents, on the other hand, has made a submission that the petitioner has not approached the Court with clean hands inasmuch as the uncle of the petitioner had instituted a civil suit, wherein the private respondents are the defendants and are contesting the proceedings. It is further submitted that insofar as proceedings under Section 67 of the Code of 2006 is concerned, neither any notice was issued to the private respondents nor they were aware of the said order. However, the petitioner and his uncle alongwith the police authorities have removed the Chappar belonging to the private respondents despite the fact that the application for recall of the order impugned passed by the Tehsildar dated 08.11.2023, which was filed in January, 2025, was already pending.

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Shri Pankaj Gupta, learned counsel for the Gaon Sabha has submitted that a fact which has not been disclosed by the private respondents is that they have already filed a petition, which has been filed by the petitioner before a Division Bench of this Court after seeking permission and the same is likely to be taken up today.

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Be that as it may, learned counsel for the private respondents could not dispute the fact that there is no interim order on his application for recall and he further admits that the alleged encroachment has been removed, whether it has rightly or wrongly removed is not a question before this Court, hence no observation is being made by this Court.

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In the aforesaid circumstances, the prayer as made in the writ petition has already become redundant. No further orders are required to be passed in the instant petition, which is accordingly dismissed . However, it is clarified that in case, if the private respondents have any cause which may be subsisting, they shall be free to agitate the same before the appropriate forum.

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Order Date :- 10.2.2025 Mohd. Sharif

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Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench

Arvind Singh v. State of U.P. Thru. Prin. Secy. Reveneu Deptt. Lko and 8 Others

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Arvind Singh v. State of U.P. Thru. Prin. Secy. Reveneu Deptt. Lko and 8 Others

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