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2025 DAILYLAW 106810 (ALL)

MUSTAFA v. State of UP AND 9 OTHERS

WPIL/2184/2024 · 2025-08-05

Arun Bhansali, Kshitij Shailendra

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:133085-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2184 of 2024 Petitioner :- Mustafa Respondent :- State of U.P. and 9 others Counsel for Petitioner :- Vijay Pratap Singh Counsel for Respondent :- Sudhanshu Srivastava (A.C.S.C.), M. C. Chaturvedi, Kaushalendra Nath Singh, Sunil Kumar Singh Hon'ble Arun Bhansali, Chief Justice Hon'ble Kshitij Shailendra, J. 1. This petition has been filed, inter alia, seeking direction to the respondents to remove the illegal encroachment made over Plot No. 377 situated in Village Kakrala Khwaspur, Tehsil Dadri, District Gautam Budh Nagar. 2. On allegations being made, the respondents were directed to obtain instructions. Instructions have been produced by the State, inter alia, indicating that the land in question vests in the Development Authority. 3. Development Authority has filed short counter affidavit placing on record the lease deeds executed in favour of the private respondents and that the allotment has taken place after publishing due advertisement. 4. In view of the above fact-situation, the allegations made about illegal encroachment by the private respondents cannot be countenanced. In case, the petitioner has any grievance qua the very fact that the land could not have been allotted by the Development Authority, filing of a PIL for the said purpose, by claiming encroachment of the private respondents cannot be countenanced. 5. For the plea sought to be raised by the petitioner now, the petitioner has to take appropriate proceedings before appropriate authority in accordance with law. 6. Consequently, the petition is dismissed. Order Date :- 6.8.2025 SL/Jyotsana (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- SHYAM LAL High Court of Judicature at Allahabad