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2025 DAILYLAW 130484 (ALL)

BAHORI LAL v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 8 OTHERS

WPIL/278/2025 · 2025-04-04

Pankaj Bhatia

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18738 Court No. - 6 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 278 of 2025 Petitioner :- Bahori Lal Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 8 Others Counsel for Petitioner :- Rajesh Kumar Kashyap Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Pankaj Bhatia,J. 1. Heard learned Counsel for the petitioner as well as learned Standing Counsel and Sri Dilip Kumar Pandey, learned Counsel appearing on behalf of Gaon Sabha. 2. The present petition has been filed with the following prayer: "1. To issue a writ, order or direction in the nature of mandamus commanding the opposite parties to confiscate the illegal and unlawful possession and construction and encroachment by Opposite Party Nos. 6 to 9 situated in Village-Godwakhem, Tehsil-Sandila, District-Hardoi showing the land mentioned as government land Gata number 80 gymnasium, 117 tree plantations, 81 fertilizer pits, 825 and 84 Sharda canal in contained as Annexure No. 1 in the interest of justice. 2. To issue a writ, order or direction in the nature of mandamus commanding the opposite parties to take lawful action against the Opposite Party Nos. 6 to 9 for confiscate encroachment situated in Village-Godwakhem, mentioned number Tehsil-Sandila as government land Gata 80 gymnasium, 117 tree plantations, 81 fertilizer pits, 825 and 84 Sharda canal in the interest of justice." 3. The learned Standing Counsel based upon the instructions states that the land has been free from encroachment and has been handed over to the Gram Sabha and this fact has been confirmed by Sri Dilip Kumar Pandey, learned Counsel appearing on behalf of the Gaon Sabha. 4. In view thereof, no further directions are requires to be passed, however, in case any encroachment sill exists, the petitioner would be at liberty to file appropriate applications under the U.P. Revenue Code, which shall be dealt with in accordance with law. 5. The writ petition is disposed off in the above terms. Order Date :- 4.4.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench