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2025 DAILYLAW 127671 (ALL)

SAJID ALI v. STATE OF U.P. THRU. PRIN. SECY. REVENUE AND 5 OTHERS

WPIL/231/2025 · 2025-03-10

Pankaj Bhatia

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14446 Court No. - 7 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 231 of 2025 Petitioner :- Sajid Ali Respondent :- State Of U.P. Thru. Prin. Secy. Revenue And 5 Others Counsel for Petitioner :- Dinesh Kumar Ojha 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: "(i) issue a writ, order or direction in the nature of mandamus commanding and directing the opp. parties to demarcate and remove the illegal encroachment over the pond land gata No. 117 min measuring area 0.1340 hect., recorded as Pond in revenue records Shreni 6(1) situated in Village- Saraidasu (Laxmanpur), Pargana & Tehsil - Lalganj District - Pratapgarh which is public utility land recorded in revenue records, in the light of judgment/order dated passed by Hon'ble Apex Court in the matter of "Hinch Lal Tiwari Vs. Kamla Devi & Others" (AIR SC 3215, 2001 (6) SCC 496 as well as in compliance of circular dated 8.5.2017 issued by Govt. of U.P. for removing the illegal encroachment from public utility land by taskforce which is contained as annexure no. 2 & 3 to this writ petition, in the interest of justice. (ii) issue a writ, order or direction in the nature of mandamus commanding and directing the opp. parties to take action on the online complaint on Uttar Pradesh Anti Bhumafia Portal by the petitioner reference no. 4101732500048 on 21.02.2025 on Uttar Pradesh Anti Bhumafia Portal in respect of the illegal encrochment over the pond land gata No. 117 min measuring area 0.1340, recorded as Pond in revenue records Shreni 6(1) situated in Village- Saraidasu (Laxmanpur), Pargana & Tehsil Lalganj-District Pratapgarh, which is contained as annexure no. 4 to this writ petition, in the interest of justice." 3. Considering the fact that the petitioner has an adequate efficacious remedy under the U.P. Revenue Code, the present petition is disposed off directing the petitioner to file an appropriate application before the respondent no.4, who shall take action in accordance with law on the application so filed within the time as prescribed under the statute. Order Date :- 10.3.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench