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2025 DAILYLAW 128631 (ALL)

OMKAR NATH v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO. AND 9 OTHERS

WPIL/253/2025 · 2025-03-24

Pankaj Bhatia

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16663 Court No. - 6 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 253 of 2025 Petitioner :- Omkar Nath Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 9 Others Counsel for Petitioner :- Ram Prasad Dwivedi Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel. 2. The present petition has been filed with the following relief: "(i) Issue a writ, order or direction in the nature of mandamus commanding the opp. parties concerned to get removed the illegal encroachment made on the public utility pond land gata no.424/0.2160 situated in village Gopalapur, pargana Ikauna, Tehsil- Ikauna, District- Shrawasti from the illegal encroachment of opp. party no.6 to 10 and also comply the orders passed under Section 67 of U.P. Revenue Code, 2006 as contained in Annexure No.2 to this writ petition in the interest of justice." 3. Learned Standing Counsel, based upon the instructions, states that the proceedings under Section 67 of the U.P. Revenue Code, 2006 are still pending, which fact has been denied by learned counsel for the petitioner. 4. Irrespective of the said contention, the remedy of execution of an order is provided under Clause 460 of the U.P. Revenue Court Manual. 5. In view thereof, the petitioner would be at liberty to file application under Clause 460 of the U.P. Revenue Court Manual, which shall be decided in accordance with law. 6. The present petition stands disposed of. Order Date :- 24.3.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench