Allahabad High Court
Rafeeque vs State Of U P And 4 Others on 23 January, 2020
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4746 of 2018 Petitioner :- Rafeeque Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Afshan Shafaut,Mohammad Mustafa Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents no.1 to 4.
The petitioner has preferred the present writ petition in the shape of Public Interest Litigation (PIL) inter-alia with the following prayers :-
"i. Issue a writ order or direction in the nature of mandamus commanding and directing the respondents authority to remove the illegal encroachment and possession of the respondent No.5 from the arazi Gata No.211/0.316 hectare to area 0.006 hectare situated in village Taulihwan Tappa Khajahni Pargana Naugarh Tehsil Shohratgarh District Siddharth Nagar which is recorded as Banjar Land in the revenue record.
ii. Issue a writ order or direction in the nature of mandamus commanding and directing the respondents authority to comply the order dated 29.11.2014 passed by Assistant Collector/Tehsildar, Shohratgarh, District Siddharth Nagar in case no.149/2013 (Gram Shabha Vs. Kallu) under section 122B of U.P. Z.A. and L.R. Act read with rule 115 C with regard to arazi Gata No.211/0.316 hectare situated in village Taulihwan Tappa Khajahni Pargana Naugarh Tehsil Shohratgarh District Siddharth Nagar which is recorded as Banjar Land in the revenue record which is illegally encroachment and possession of respondent No.5 of area 0.006 hectare."
It is admitted between the parties that the controversy involved in the present writ petition is squarely covered by a judgement dated 15.4.2019 passed in Public Interest Litigation (PIL) No.518 of 2019 (Rafeeque Vs. State of U.P. and 5 others), which is quoted hereinbelow :-
"Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
This public interest litigation has been filed by the petitioner praying for direction to the respondents authority to implement the order dated 29.11.2014 passed by Assistant Collector/Tehsildar, Shohratgarh, District Siddharth Nagar in Case No. 152/2013 (Gram Sabha Vs. Tirath) under Section 122-B of U.P.Z.A. and L.R. Act read with Rule 115 C of U.P.Z.A and L.R. Rules.
This public interest litigation is finally disposed of directing the respondents authority to implement the aforesaid order, within a period of two months from the date of production of certified copy of this order, if there is no other legal impediment."
Since the controversy involved in the present writ petition is identical, the present Public Interest Litigation is finally disposed of directing the respondents authority to implement the order dated 29.11.2014 passed by the Assistant Collector/Tehsildar, Shohratgarh, District Siddharth Nagar, in case no.149/2013 (Gram Shabha Vs. Kallu) under section 122B of U.P. Z.A. and L.R. Act read with rule 115 C U.P.Z.A.and L.R. Rules within a period of two months from the date of production of certified copy of this order, if there is no other legal impediment.
Order Date :- 23.1.2020 Pramod Tripathi