SANTOSH KUMAR MISHRAversusSTATE OF U.P. AND 11 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
          PUBLIC INTEREST LITIGATION (PIL) No. - 1278 of 2025

Santosh Kumar Mishra
                                                          .....Petitioner(s)
                                  Versus

State Of U.P. And 11 Others
                                                        .....Respondent(s)

Counsel for Petitioner(s)      : Pramod Kumar Srivastava
Counsel for Respondent(s)      : Aditi Pandey, Azad Rai, C.S.C.,
                                 Ramesh Kumar Tiwari, Vinayak Varma

Court No. - 55
                     HON'BLE ARUN KUMAR, J.

1. Heard Sri P. K. Srivastava, learned counsel for the petitioner, learned
Standing Counsel for the State respondents, Sri Azad Rai, learned counsel
for the respondent Gaon Sabha and Sri Vinayak Varma with Sri Ramesh
Kumar Tiwari, learned counsel for the respondent nos.6 to 12.

2. The present petition has been filed seeking a direction to the state
authorities to ensure removal of illegal encroachment made by the
encroachers/private respondent nos.6 to 12 over plot nos.245 and 246
recorded as Chak Marg and Rasta in the relevant revenue records relating
to Village Hinauta, Tehsil Manjhanpur, District Kaushambi.

3. Counter affidavit was filed by the Naib Tehsildar, Manjhanpur on
behalf of respondent nos.2 to 4 alongwith personal affidavit of respondent
nos.2 and 3 in the present petition on 03.07.2025.

4. Perusal of the aforesaid affidavits shows that proceedings under
Section 122B of the U.P. Zamindari Abolition and Land Reforms Act,
1950 were initiated against the encroachers, in which an order of eviction
and recovery of damages was passed by the concerned Tehsildar on
16.06.2017. The report of the revenue team dated 24.06.2025 annexed
with the affidavits shows that the said order of Tehsildar was challenged
in appeal, which was dismissed by the order of the District Magistrate,
Kaushambi dated 31.07.2017, pursuant to which, encroachments made
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were removed and thereafter fresh encroachments were made. Thereafter,
fresh notices dated 12.06.2025 were issued to the encroachers, which are
12 in number. The respondent nos.6 to 12 had challenged the said notice
dated 12.06.2025 in writ petition before this Court being Writ-C
No.20164 of 2025 in which initially an interim order was granted on
20.06.2025, directing that no demolition shall be carried out in pursuance
of the notice dated 12.06.2025.

5. The respondent nos.6 to 12 in their counter affidavit have made
categorical averment in paragraph no.5 that among 12 encroachers, who
have been mentioned in the affidavits of respondent nos.2 and 3, six of
them, who belongs to family of the petitioner, have not been arrayed as
party in the present petition. The said fact has not been denied by the
petitioner by filing his affidavit.

6. Learned counsel for the respondent nos.6 to 12 further states that the
writ petition filed by them has been disposed of by this Court directing
the petitioners therein to file their objection against the notice dated
12.06.2025. Pursuant to the aforesaid direction, the respondent nos.6 to 12
have filed their objections but no order on it has been passed by the
respondent no.4 till date.

7. In view of the fact that this Court while disposing of the Writ-C
No.20164 of 2025 filed by respondent nos.6 to 12 has given an
opportunity to them to approach the respondent no.4 by filing their
objections and such objections have been filed, which are pending
consideration, no direction can be issued by this Court in the present PIL
for directing their eviction.

8. Considering the facts and circumstances, the present petition is
disposed of with direction to respondent no.4 - Tehsildar, Manjhanpur,
Kaushambi to decide the objections filed by the respondent nos.6 to 12 in
compliance of the order dated 25.07.2025, passed in Writ-C No.20164 of
2025, by passing appropriate orders, in accordance with law, after hearing
all the concerned parties, within a period of two months from the date of
presentation of a certified of this order.

9. It is made clear that the proceedings initiated against the 12
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                                    encroachers of the plots in question shall be brought to its logical end by
                                    the concerned respondent, in accordance with law, if there is no other
                                    legal impediment.



                                                                                             (Arun Kumar,J.)
                                    May 5, 2026
                                    Ashok Kr.




Digitally signed by :-
ASHOK KUMAR
High Court of Judicature at Allahabad