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Neutral Citation No. - 2025:AHC:19627-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2175 of 2024 Petitioner :- Babu Ram Respondent :- State of UP and 3 others Counsel for Petitioner :- Sunil Kumar Tripathi Counsel for Respondent :- Akansha Sharma, S.C. Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J.
1. This petition has been filed by the petitioner seeking a direction to the respondents to dispossess the encroachers from Arazi No. 197/2 situated in village - Sofipur, Ward No. 7, Nagar Nigam, Meerut.
2. Submission has been made that Arazi in question, belongs to Gurudwara, however, the respondent State, has constructed a boundary wall including the said Arazi with the primary school, which is not justified.
3. Further submission has been made that the area is being used by the public and on account of the construction of the boundary wall, they are being deprived of putting the same to use and therefore, the respondents be directed to demolish the boundary wall.
4. Instructions have been produced by the State respondents inter- alia indicating that the land in question is Government land recorded as Abadi and is not entered in the name of Gurudwara, the same was lying vacant and people staying around the land were using the same for parking their vehicles and keeping livestock and the same was disturbing the school and therefore, the boundary wall has been constructed around the same. The
petitioner, who was using the land in question for parking his vehicle, is aggrieved only on account of the fact that now he is being prevented from parking his vehicle and using the said place for which he had no right.
5. Having considered the submissions made by counsel for the parties and perusing the material available on record, including the Jamabandi and status of the so-called Gurudwara, we do not find any good reason to pass any order in the present purported Public Interest Litigation seeking demolition of the wall in question.
6. Consequently, the petition is dismissed. Order Date :- 11.2.2025 nd (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- NISITH DEY High Court of Judicature at Allahabad