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2025 DAILYLAW 135017 (ALL)

IQBAL AHMAD v. STATE OF U.P. THRU. PRINCIPAL SECRETARY,REVENUE DEPTT. GOVT OF LUCKNOW AND 6 OTHERS

WPIL/380/2025 · 2025-04-21

Pankaj Bhatia

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22296 Court No. - 6 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 380 of 2025 Petitioner :- Iqbal Ahmad Respondent :- State Of U.P. Thru. Principal Secretary,Revenue Deptt. Govt Of Lucknow And 6 Others Counsel for Petitioner :- Ashish Raman Mishra Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the parties. 2. The present public interest litigation has been filed with the following prayer: "I. Issue a Writ, Order or Direction in the nature of Mandamus commanding the Opposite Party No. 2 to 4 for removal of illegal/unlawful encroachment of the Private Opposite Party No - 6 from the Public Utility land i.e. Gata No. 336, Area 0.0780 Hect. of Village - Masupur, Tehsil - Nanpara, District - Bahraich, which is recorded as Main Path ( ममखय ममरर) in the revenue records. II. Issue a Writ, Order or Direction in the nature of Mandamus commanding the Opposite Party No. 3 to take necessary action upon the application of petitioner dated 24/01/2025 against the Private Opposite Party No -6." 3. Learned Standing Counsel based upon the instructions states that proceedings under Section 133 Cr.P.C. are also pending. 4. Irrespective of the said, as the encroachment alleged is a public utility land, the respondent no.3 will initiate the proceedings under Section 67 of the U.P. Revenue Code and if any unauthorized construction is found, the same shall be removed in accordance with law. The proceedings so initiated shall be concluded within the time provided under the statute i.e. 90 days. 5. With the aforesaid observations, the writ petition is disposed off. Order Date :- 21.4.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench