Allahabad High Court
Sanjay Singh vs State Of U.P. And 5 Others on 14 February, 2023
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 19 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 325 of 2023 Petitioner :- Sanjay Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Narendra Pratap Singh,Ashok Kumar Rai Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Saurabh Srivastava,J.
Heard Shri Ashok Kumar Rai, learned counsel for the petitioner, Shri Umrao, learned standing counsel for respondent nos. 1,2,3 and 5 and Shri Pradeep Singh holding brief of Shri Sudhir Bharti for respondent no.4.
This writ petition has been filed with the following main prayers:-
a) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent no.3 to remove illegal encroachment from Araji no.236 area 0.120 Hectare situated in Village Maina Bhagar, Pargana Haveli, Tehsil Sadar, District Gorakhpur.
The present petition has been instituted for seeking writ, order or direction in the nature of mandamus directing and commanding the respondent no.3 to remove illegal encroachment from Araji no.236 area 0.120 hectare situated in Village Maina Bhagar, Pargana Haveli, Tehsil Sadar, District Gorakhpur.
The specific instructions were called by the order dated 7.2.2023 whereupon Shri Umrao, learned standing counsel came forward with the instructions warranted for adjudication of the controversy as raised by the petitioner. It has been intimated through instruction dated 12.2.2023 that the duly constituted revenue team inspected the plot no.236 area 0.120 hectare which has already been recorded in the revenue record under Shreni-5-1 Navin Parti.
The recent encroachment as carried out by one Ganesh son of Kalpu the same has been removed immediately and the other constructions which have been made much earlier in the shape of house by several other encroachers apart from the respondents arrayed in the present Public Interest Litigation. Against the other encroachers a proper case under Section 67 of U.P. Revenue Code 2006 has been instituted before the court of respondent no.3 and further action shall be subject to the outcome of the cases which have been instituted for removal of the encroachment. The information as intimated through the instant instruction has been apprised to the learned counsel for the petitioner and being satisfied with the same there is hardly any cause of action available before the petitioner to pursue the instant Public Interest Litigation as such the same stands disposed of with the direction to respondent no.3 to expedite the case nos. T202305310302469 (Salim vs. Gram Sabha, Mainbhagar), T202305310302470 (Ramjaan vs. Gram Sabha, Mainbhagar), T202305310302471 (Karamdaar vs. Gram Sabha, Mainbhagar), T202305310302472 (Karamdaar vs. Gram Sabha, Mainbhagar), T202305310302473 (Yogendra Prasad vs. Gram Sabha, Mainbhagar) expeditiously preferably within a period of three months from the date of production of certified copy of this order before him.
With the aforesaid directions, the Public Interest Petition stands disposed of.
Order Date :- 14.2.2023 Rakesh