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2025 DAILYLAW 121764 (ALL)

KESHAV RAM v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE DEPTT. LKO. AND 13 OTHERS

WPIL/109/2025 · 2025-02-18

Pankaj Bhatia

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10440 Court No. - 7 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 109 of 2025 Petitioner :- Keshav Ram Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. Lko. And 13 Others Counsel for Petitioner :- Ajey Singh Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Pankaj Bhatia,J. 1. Heard learned Counsel for the petitioner as well as learned Standing Counsel and Sri Vikram Pandey holding brief of Sri Pankaj Gupta, learned Counsel for the opposite party no.4. 2. The present petition has been filed with the following prayer: "[I] Issue a writ, order or direction in the nature of mandamus thereby commanding and directing to the opposite party no.3 to take necessary action against the opposite party no.5 to 14 who have illegally encorahced the public utility land Gata No.1653/0.8210 hectare which has been recorded in the name of Public Pathway situated in Village Patrahiya, Tahsil Nanpara, District Bahraich as contained in Annexure No.2 to this writ petition." 3. Learned Standing Counsel based upon the instructions states that no offending constructions are standing on the road in question. 4. The Counsel for the petitioner has produced a photograph showing that some material in the form of dry grass are lying on the road. The same cannot be termed as construction of the pathway. 5. In view thereof, no further direction is required. In case any constructions are made on the pathway, the petitioner would be at liberty to file an appropriate application under Section 26 of the U.P. Revenue Code. 6. The petition is disposed off. Order Date :- 18.2.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench