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2025 DAILYLAW 136912 (ALL)

SANJAY v. STATE OF U.P. THRU. PRIN. SECY. REVENUE U.P. LKO. AND 5 OTHERS

WPIL/409/2025 · 2025-04-29

Pankaj Bhatia

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24431 Court No. - 6 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 409 of 2025 Petitioner :- Sanjay Respondent :- State Of U.P. Thru. Prin. Secy. Revenue U.P. Lko. And 5 Others Counsel for Petitioner :- Vijay Bahadur Yadav Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner, Sri Vikram Dutt Pandey, Advocate holding brief of Sri Pankaj Gupta, learned counsel for the respondent and perused the record. 2. The present petition has been filed by the petitioner with the following prayer :- "(i). Issue a writ, order, direction in the nature of Mandamus commanding the Respondent particularly respondent no. 2 to 4 to remove the encroachment over the land gata no. 71 area 0.1380 hectare which is situated at Village Mudhadhiha (Babhani Payar), Parsa Tiwari, Tehsil Mankapur, District Gonda recorded as Pond (contained as Annexure No. 1), in the interest of justice." 3. Considering the objection raised by the learned Standing Counsel that no encroachment exists over the Gata No. 71, no direction can be issued. However, in case the petitioner is still aggrieved, he may file a proper application for invoking the proceedings under Section 67 of the U.P. Revenue Code, 2006, which shall be decided in accordance with law. 4. The petition is finally disposed of, in terms of above. Order Date :- 29.4.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench