Counsel for v. Standing

8. That it is respectfully submitted that in further compliance with the order dated 18.08.2025 passed by this Hon'ble Court the aforesaid joint team comprising officers of the Revenue Department, Police Department, Consolidation Department, Block Development Officer, Nanauta, and Executive Officer, Nagar Panchayat, Nanauta, continued the demolition proceedings on 19.08.2025 with respect to the unauthorized construction raised by the said opposite party, Smt. Neeraj Singh, over the subject land bearing Khasra No. 1483/2, area 1000 sq. meters, situated in Village Nanauta Dehat, Pat-2, Bairun, which is duly reserved in Government records for Himampur School. The said 2 WPIL No. 763 of 2025 unauthorized construction has been fully demolished. True copy of the spot photographs is being annexed herewith and marked as Annexure-P.A.-4 to this affidavit.

3. There are, annexed at Page No. 16 of the affidavit, photographs. The first of the photographs shows the building, as it stood, before the demolition, and the other two photographs show the demolished structure.

4. This Court notes that the land, comprising Khasra No.1483/2 0- 10-0, was reserved for the Imampur School, which the Pradhan of the Village and her husband encroached into and constructed upon a big and luxurious house for themselves. Proceedings under Sections 67(1) of the Uttar Pradesh Revenue Code, 2006 (for short, 'Revenue Code') were drawn after several residents of the village complained against the Pradhan. Two Inquiries Committees, before initiation of eviction proceedings, examined the matter and submitted reports finding encroachment. There is an undated inquiry report, annexed as Annexure No.4 to the writ petition, which has been submitted to the Assistant Consolidation Officer, Saharanpur by a Committee of eight officials of the Revenue and Consolidation Departments. This report affirms encroachment in Plot No.1483/2 0-10-0 by respondent Nos.5 and 6. The land is reserved for the Imampur School, a public utility land. There is a report made on 16.11.2024 to the Additional District Magistrate (Administration), Saharanpur by a Committee of three officials, comprising the District Government Counsel (Revenue), the Settlement Officer of Consolidation, Saharanpur and the Deputy Collector, Rampur, Saharanpur, which finds encroachment in Plot No.1483/2 by the Pradhan and her husband. Both of them are reported to have encroached into land earmarked for the Imampur School.

5. Proceedings were drawn under Section 67(1) of the Revenue Code, as already mentioned, giving rise to Case No. T202409600508083. A notice was served upon respondent No.5 dated

19.12.2024 to show cause why the encroachment be not removed and damages awarded. No action thereafter was taken in the eviction matter, 3 WPIL No. 763 of 2025 leading the petitioner, who is a resident of Gram Panchayat Naunata Dehat, to move this Court in public interest, seeking a direction to respondent Nos.2, 3 and 7 to remove the encroachment in Plot No.1483/2.

6. Since the proceedings initiated under Section 67 were virtually put in abeyance saying that the village was under consolidation operations, this Court required the Collector to show cause in the matter. Notice was also issued to respondent Nos.5 and 6. The said respondents were duly served and a counter affidavit was filed by respondent Nos.5 and 6 as well, being an affidavit dated 12.05.2025. It was not for this Court to judge the validity of the private respondents' defence about their encroachment. The personal affidavit filed by the Collector showed that proceedings under Section 67 were revived after orders of this Court and the next date fixed in the matter was intimated to the Court as recorded in the order dated 01.05.2025.

7. The Tehsildar, Rampur, Saharanpur filed his personal affidavit in compliance with the order dated 01.05.2025, reporting that an eviction order had been passed on 07.05.2025. This Court then required the Tehsildar to submit a further affidavit, indicating if any appeal had been filed from the order of eviction. It was noticed by the Court in our order dated 21.05.2025 that an appeal was indeed filed before the Collector, where the next date fixed was 23.05.2025. The Collector was required by the order dated 03.07.2025 to indicate the status of the pending appeal. The Collector ultimately reported through an affidavit that the appeal had been dismissed vide order dated 25.07.2025, upholding the eviction order dated 07.05.2025. This Court vide order dated 30.07.2025, while noting the aforesaid facts, required the Tehsildar, Rampur, Saharanpur to file his own affidavit, indicating if there was any order of stay granted by a Court of superior jurisdiction. A personal affidavit was filed by the Tehsildar, indicating that against the Collector's order made in appeal, respondent No.5 had preferred Writ-C No.26550 of 2025 before this Court, which came up on 08.08.2025 and was summarily dismissed on 4 WPIL No. 763 of 2025 that day, issuing a mandamus ordering the eviction order to be carried within 48 hours. Before this Court, therefore, nothing remained to be done except to ask the respondents to carry out the mandamus issued by the Court in Writ-C No.26550 of 2025. In compliance, the eviction order was carried out on 16.08.2025, evicting respondent No.5 and demolishing the unauthorized construction on the same day. Some surviving construction was demolished on 19.08.2025. Photographs of the construction intact and demolished have been appended to the affidavit dated 19.08.2025 filed by the Collector, District Saharanpur.

8. This Court is satisfied that the land in question has been rid of the encroachment.

9. The petitioner makes a grievance about a lot a debris lying in situ on account of extensive demolition carried out. No doubt, the plot is recorded as a public utility land reserved for school, in the name of Himampur School, as the Collector discloses.

10. In the circumstances, the Collector, Saharanpur is directed to ensure that all the debris is removed from the said plot and the plot is restored to its original state and put to the use it is earmarked for.

11. This writ petition stands disposed of in terms of the orders aforesaid. August 20, 2025 I. Batabyal/Anoop (J.J. Munir,J.) ISHAN BATABYAL High Court of Judicature at Allahabad

8. That it is respectfully submitted that in further compliance with the order dated 18.08.2025 passed by this Hon'ble Court the aforesaid joint team comprising officers of the Revenue Department, Police Department, Consolidation Department, Block Development Officer, Nanauta, and Executive Officer, Nagar Panchayat, Nanauta, continued the demolition proceedings on 19.08.2025 with respect to the unauthorized construction raised by the said opposite party, Smt. Neeraj Singh, over the subject land bearing Khasra No. 1483/2, area 1000 sq. meters, situated in Village Nanauta Dehat, Pat-2, Bairun, which is duly reserved in Government records for Himampur School. The said 2 WPIL No. 763 of 2025 unauthorized construction has been fully demolished. True copy of the spot photographs is being annexed herewith and marked as Annexure-P.A.-4 to this affidavit.

3. There are, annexed at Page No. 16 of the affidavit, photographs. The first of the photographs shows the building, as it stood, before the demolition, and the other two photographs show the demolished structure.

4. This Court notes that the land, comprising Khasra No.1483/2 0- 10-0, was reserved for the Imampur School, which the Pradhan of the Village and her husband encroached into and constructed upon a big and luxurious house for themselves. Proceedings under Sections 67(1) of the Uttar Pradesh Revenue Code, 2006 (for short, 'Revenue Code') were drawn after several residents of the village complained against the Pradhan. Two Inquiries Committees, before initiation of eviction proceedings, examined the matter and submitted reports finding encroachment. There is an undated inquiry report, annexed as Annexure No.4 to the writ petition, which has been submitted to the Assistant Consolidation Officer, Saharanpur by a Committee of eight officials of the Revenue and Consolidation Departments. This report affirms encroachment in Plot No.1483/2 0-10-0 by respondent Nos.5 and 6. The land is reserved for the Imampur School, a public utility land. There is a report made on 16.11.2024 to the Additional District Magistrate (Administration), Saharanpur by a Committee of three officials, comprising the District Government Counsel (Revenue), the Settlement Officer of Consolidation, Saharanpur and the Deputy Collector, Rampur, Saharanpur, which finds encroachment in Plot No.1483/2 by the Pradhan and her husband. Both of them are reported to have encroached into land earmarked for the Imampur School.

5. Proceedings were drawn under Section 67(1) of the Revenue Code, as already mentioned, giving rise to Case No. T202409600508083. A notice was served upon respondent No.5 dated

19.12.2024 to show cause why the encroachment be not removed and damages awarded. No action thereafter was taken in the eviction matter, 3 WPIL No. 763 of 2025 leading the petitioner, who is a resident of Gram Panchayat Naunata Dehat, to move this Court in public interest, seeking a direction to respondent Nos.2, 3 and 7 to remove the encroachment in Plot No.1483/2.

6. Since the proceedings initiated under Section 67 were virtually put in abeyance saying that the village was under consolidation operations, this Court required the Collector to show cause in the matter. Notice was also issued to respondent Nos.5 and 6. The said respondents were duly served and a counter affidavit was filed by respondent Nos.5 and 6 as well, being an affidavit dated 12.05.2025. It was not for this Court to judge the validity of the private respondents' defence about their encroachment. The personal affidavit filed by the Collector showed that proceedings under Section 67 were revived after orders of this Court and the next date fixed in the matter was intimated to the Court as recorded in the order dated 01.05.2025.

7. The Tehsildar, Rampur, Saharanpur filed his personal affidavit in compliance with the order dated 01.05.2025, reporting that an eviction order had been passed on 07.05.2025. This Court then required the Tehsildar to submit a further affidavit, indicating if any appeal had been filed from the order of eviction. It was noticed by the Court in our order dated 21.05.2025 that an appeal was indeed filed before the Collector, where the next date fixed was 23.05.2025. The Collector was required by the order dated 03.07.2025 to indicate the status of the pending appeal. The Collector ultimately reported through an affidavit that the appeal had been dismissed vide order dated 25.07.2025, upholding the eviction order dated 07.05.2025. This Court vide order dated 30.07.2025, while noting the aforesaid facts, required the Tehsildar, Rampur, Saharanpur to file his own affidavit, indicating if there was any order of stay granted by a Court of superior jurisdiction. A personal affidavit was filed by the Tehsildar, indicating that against the Collector's order made in appeal, respondent No.5 had preferred Writ-C No.26550 of 2025 before this Court, which came up on 08.08.2025 and was summarily dismissed on 4 WPIL No. 763 of 2025 that day, issuing a mandamus ordering the eviction order to be carried within 48 hours. Before this Court, therefore, nothing remained to be done except to ask the respondents to carry out the mandamus issued by the Court in Writ-C No.26550 of 2025. In compliance, the eviction order was carried out on 16.08.2025, evicting respondent No.5 and demolishing the unauthorized construction on the same day. Some surviving construction was demolished on 19.08.2025. Photographs of the construction intact and demolished have been appended to the affidavit dated 19.08.2025 filed by the Collector, District Saharanpur.

8. This Court is satisfied that the land in question has been rid of the encroachment.

9. The petitioner makes a grievance about a lot a debris lying in situ on account of extensive demolition carried out. No doubt, the plot is recorded as a public utility land reserved for school, in the name of Himampur School, as the Collector discloses.

10. In the circumstances, the Collector, Saharanpur is directed to ensure that all the debris is removed from the said plot and the plot is restored to its original state and put to the use it is earmarked for.

11. This writ petition stands disposed of in terms of the orders aforesaid. August 20, 2025 I. Batabyal/Anoop (J.J. Munir,J.) ISHAN BATABYAL High Court of Judicature at Allahabad