VINOD KUMAR MISHRA v. STATE OF U.P. THRU. PRIN. SECY. REVENUE U.P. GOVT. LKO. AND 5 OTHERS
WPIL/203/2025 · 2025-03-06
Pankaj Bhatia
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 126194 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126194 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:13738 Court No. - 7 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 203 of 2025 Petitioner :- Vinod Kumar Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Revenue U.P. Govt. Lko. And 5 Others Counsel for Petitioner :- Vijay Nath Pandey 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.
2. The present petition has been filed with the following prayer:
"1. Issue a writ, order, direction in the nature of Mandamus commanding the Respondent particularly respondent no. 2 to 4 to remove the encroachment over the public passage in Aabadi Land which is situated at Village Bhavaniya Pur, H/o Gousinha, Police Station Kaudiya Tehsil Sadar, District Gonda (contained as Annexure No. 1), in the interest of justice."
3. Learned Standing Counsel based upon instructions states that no constructions are standing on the land as prayed by the petitioner.
4. The said fact is denied by the petitioner.
5. Considering the fact that the issue exists on factual aspect and the same cannot be decided by this Court, the present petition is disposed off permitting the petitioner to file an appropriate application under Section 67 of the U.P. Revenue Code which shall be decided within the time as prescribed in the statute, in accordance with law, after hearing the parties concerned. Order Date :- 6.3.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench