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2025 DAILYLAW 143632 (ALL)

CHHOTAKA @ CHHOTAKKE v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE U.P. LKO. AND 4 OTHERS

WPIL/605/2025 · 2025-06-04

Manish Mathur

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34602 Court No. - 13 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 605 of 2025 Petitioner :- Chhotaka @ Chhotakke Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue U.P. Lko. And 4 Others Counsel for Petitioner :- Sudhir Kumar Pandey,Annapurna Agnihotri Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and learned State Counsel for opposite parties no. 1 to 3 while notice on behalf of opposite party no.4 has been accepted by Mr. Dilip Kumar Pandey, Advocate. 2. In view of order being passed, notice to opposite party no.5 stands dispensed with. 3. Petition has been filed seeking the following reliefs:- "1) To issue a writ of Mandamus commanding the Opposite Parties No.2 and 3 to take the necessary action for removal of the illegal encroachment of the opposite party no.5 over the Public Utility Land i.e. Khasra/Gata No.1186 recoded as Pond and Khasra/Gata No.1017 recorded as Naveen Parti in the name of Gaon Sabha situated in village Panchayat Barriya Kasimabad, Pargana Godwa, Tehsil Sandila, District Hardoi. (ii) To issue a writ of Mandamus commanding the Opposite Parties No.2 District Magistrate, Hardoi to restrain the opposite parties No.5 from changing the nature of the Public Utility Land i.e. Khasra/Gata No.1186 recoded as Pond and Khasra/Gata No.1017 recorded as Naveen Parti in the name of Gaon Sabha situated in village Panchayat Barriya Kasimabad, Pargana Godwa, Tehsil Sandila, District Hardoi. (iii) To issue a writ, order or direction in any nature which this Hon'ble court may deem fit and proper under the circumstances of the case......" 4. Learned State Counsel has been provided written instructions dated 28.05.2025, a copy of which is taken on record and as per which Gata No. 1017 is reserved for Harijan abadi while Gata No. 1186 has been indicated as Parti and there is no illegal encroachment on the same. 5. Learned counsel for petitioner has disputed the said facts. 6. Considering submissions advanced by learned counsel for parties, petitioner is granted liberty to file an appropriate application under Section 67 of the U.P. Revenue Code, 2006 before the authorities concerned which shall be considered and decided expeditiously after affording opportunity of hearing to the alleged encroachers. 7. With aforesaid directions, petition stands disposed of. Order Date :- 4.6.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench