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2025 DAILYLAW 132428 (ALL)

SHIV NARESH SINGH v. STATE OF U.P. THRU. PRIN. SECY. REVENUE U.P. LKO. AND 8 OTHERS

WPIL/332/2025 · 2025-04-08

Pankaj Bhatia

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19609 Court No. - 6 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 332 of 2025 Petitioner :- Shiv Naresh Singh Respondent :- State Of U.P. Thru. Prin. Secy. Revenue U.P. Lko. And 8 Others Counsel for Petitioner :- Abdul Alim Khan,Mohd. Vakar Khan 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 prayers: "(i) issue a writ order or direction in the nature of mandamus commanding the Opp. Party no. 2 & 3 to remove the illegal encroachment over the public utility land which is recorded in revenue records as a "Stack yard' pertaining to gata No. 516/925 area 0.4600 hectare situated at revenue Village- Tedwa Basantpur, Tehsil Mahsi, District- Baharaich which was encroached by the Opp. party no. 5 to 9 forthwith, in the interest of justice. (ii) issue a writ order or direction in the nature of mandamus commanding the opposite parties to take appropriate action on the representation dated 08.03.2025 filed by the petitioner for removal of the illegal encroachment over gata No. 516/925 area 0.4600 hectare situated at Village-Tedwa Basantpur, Tehsil- Mahsi, District- Baharaich., in the interest of justice." 3. Learned Standing Counsel, based upon the instructions which are taken on record, states that no encroachment exists over the property in question. The said fact is disputed by learned counsel for the petitioner. 4. In view of the dispute, the present petition is disposed of holding that in case the petitioner is still aggrieved that any encroachment exists over the property, he would be entitled to move an application under Section 67 of U.P. Revenue Code, 2006. In case, such an application is filed, the same shall be considered and disposed of in accordance with law. Order Date :- 8.4.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench