Allahabad High Court
Om Prakash Yadav vs State Of Up And 8 Others on 21 October, 2024
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:167047 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2066 of 2024 Petitioner :- Om Prakash Yadav Respondent :- State Of Up And 8 Others Counsel for Petitioner :- Jitendra Yadav Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Mr. Jitendra Yadav, learned counsel for petitioner and Mr. Abhishek Kumar Srivastava, learned Standing Counsel for State.
2. This is second round of litigation. The petitioner has approached earlier this Court, by way of filing PIL No. 1852 of 2019 (Om Prakash Yadav Vs. State of U.P. and 10 Others), wherein directions were passed to remove the encroachment.
3. Learned counsel for petitioner, on instructions, submits that encroachment was removed after order dated 04.02.2021 was passed by this Court. However, later on the Chak Marg was again encroached. He further, on recent instructions, submits that a revenue team has visited the said area, however, since there was water logging, no measurement could be carried out.
4. Learned Standing Counsel fairly submits that he has no specific instructions and further submits that as soon as water logging is reduced, the Revenue Team will conduct a fresh inspection, in order to verify the allegation of encroachment, if any. In case any encroachment is found, the same will be removed and for that cost will be imposed on the encroachers.
5. Learned counsel for petitioner, on also assurance given by learned Standing Counsel, submits that this writ petition may be disposed of.
6. Taking note of the above submissions as well as assurance given by learned Standing Counsel this writ petition is disposed of. However, the lekhpal is cautioned that he should have communicated the concerned Advocate about the inspection conducted, since the matter was listed today for final hearing. In case the petitioner is constrained to approach this Court again i.e. for 3rd time for the same cause, it will be considered as a serious matter.
7. The petitioner also submits that he will conduct a survey of the village so that in case he approaches this Court again, a consolidated PIL may be filed for encroachment, if any.
8. If any fresh PIL is filed, a copy of the instant PIL shall be annexed in it as one of the annexures.
Order Date :- 21.10.2024 Saurabh