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2025 DAILYLAW 128617 (ALL)

VIJAY BAHADUR VERMA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE DEPTT. LKO. AND 7 OTHERS

WPIL/254/2025 · 2025-04-11

Pankaj Bhatia

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20800 Court No. - 6 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 254 of 2025 Petitioner :- Vijay Bahadur Verma Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. Lko. And 7 Others Counsel for Petitioner :- Sabir Ali Counsel for Respondent :- C.S.C.,Mohan Singh 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: "(a) to issue a writ order or direction in the nature of mandamus thereby commanding the opp.parties to immediately remove the entire encroachment from gata no.135,175 and 228 situated in gaon sabha Kanakpatti, post Bahorikpur, pargana and tahsil Akbarpur, district Ambedkarnagar which is public utility land of gaon sabha and entered as nali -nalkoop in the revenue record, because only about 175 metre drain(nali) has been constructed over the encroached area while area near about 500 metre of the said gatas are still under encroachement as khadanja/RCC road constructed over the said area has not been removed till date which is clear from the photographs (annexure no.15) dated 2.3.2025. (b) to issue a writ order or direction in the nature of mandamus thereby commanding the opp.parties to immediately construct the drain (nali) on the remaining encroached area of near about 500 metre of gata no.135,175 and 228 situated in gaon sabha Kanakpatti, post Bahorikpur, pargana and tahsil Akbarpur, district Ambedkarnagar which is public utility land of gaon sabha and entered as nali -nalkoop in the revenue record because rainy season is coming soon. (c) to issue a writ order or direction in the nature of mandamus thereby commanding the opp.parties to make an inquiry in the present matter against the area lekhpal opp. party no.6.and other revenue officials who have prepared false, fabricated and misleading spot memo/spot inspection report dated 19.2.2025 contained in annexure no.11.and report dated 24.6.2023 contained in annexure no.12 in respect of gata nos.135,175 and 228 situated in gaon sabha Kanakpatti, post Bahorikpur, pargana and tahsil Akbarpur, district Ambedkarnagar which is public utility land of gaon sabha, as they have misused the public money." 3. Learned Standing Counsel in terms of the counter affidavit states that the unauthorized encroachments have already been removed. 4. In case, the petitioner is still aggrieved, he may move an appropriate application under the U.P. Revenue Code, which shall be considered in accordance with law. 5. The present petition is disposed off in the above terms. Order Date :- 11.4.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench