JWALA PRASAD v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 7 OTHERS
WPIL/371/2025 · 2025-04-17
Ajai Kumar Srivastava I, Attau Rahman Masoodi
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 134477 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134477 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:21585-DB Court No. - 1 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 371 of 2025 Petitioner :- Jwala Prasad Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 7 Others Counsel for Petitioner :- Krishna Gopal Counsel for Respondent :- C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State. Admittedly, Gata No.199/2, area 0.0510 hectare is recorded as Naveen Parti whereas Gata No.75, area 0.0820 hectare is recorded as Pond Land. It appears that a part of the pond land was previously used for unauthorized cultivation of paddy by some local residents. According to the petitioner, the said crop was seized by the district authorities whereafter wheat crop is stated to have been sown by the same person again. Prayer is made in the writ petition for legal action to be taken against the persons, who have been sowing the crop upon pond land unauthorizedly. Learned Additional Chief Standing Counsel for the State, on the basis of instructions, has submitted that paddy crop previously grown on the pond land was seized and at present the pond land is free from any such unauthorized occupation by any resident. According to learned counsel for the State, the unauthorized encroachment has been removed and the land has not been allowed to be utilized for any such purpose as has been alleged. Be that as it may, once the aforesaid gatas are
recorded as Gaon Sabha land i.e Naveen Parti and pond, there is no reason as to why any private person may encroach upon the same or use it for any cultivation purpose. The Gram Panchayat as well as district authorities are directed to ensure that the public utility land is safeguarded from any unauthorized encroachment so that the same is protected from being occupied unauthorizedly and may be utilized in the interest of the Gram Panchayat. With the aforesaid direction, the writ petition is
disposed of. (A. K. Srivastava-I,J.) (A. R. Masoodi,J.)
Order Date :- 17.4.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench