AMAR BAHADUR v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT. OF REVENUE LKO. AND 8 OTHERS
WPIL/599/2025 · 2025-06-04
Manish Mathur
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 144116 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 144116 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:34571 Court No. - 13 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 599 of 2025 Petitioner :- Amar Bahadur Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Revenue Lko. And 8 Others Counsel for Petitioner :- Ram Sewak,Purshottam Chaurasia Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioner, learned State Counsel for opposite parties no. 1 to 4 and Mr. Pankaj Gupta, learned counsel for opposite party no.5.
2. In view of order being passed, notice to opposite parties no. 6 to 9 stands dispensed with.
3. Petition has been filed seeking the following reliefs:-
"i. to issue a writ, order or direction in the nature of mandamus directing/commanding the opposite party no. 2 (District Magistrate, Pratapgarh) to take immediate action on the complaint/application, dated 22.05.2025 preferred by the petitioner contained in Annexure No. 2, against the encroachment of Usar land, illegal construction/commercial construction over the Usar land Gata No. 845M (0.0900 Hectare) and land Gata No. 848M(0.1150 Hectare), situated at Village-Dih Balai (Babaganj), Tehsil-Kunda, District-Pratapgarh, Uttar Pradesh. ii. to issue a writ, order or direction in the nature of mandamus directing/commanding the opposite party no. 2 (District Magistrate, Pratapgarh) to take immediate action on the complaint/application, dated 22.05.2025 preferred by the petitioner contained in Annexure No. 2, against the encroachment of Usar land, illegal construction/commercial construction over the Usar land Gata No. 845M (0.0900 Hectare) and land Gata No. 848M(0.1150 Hectare), situated at Village-Dih Balai (Babaganj), Tehsil-Kunda, District-Pratapgarh, Uttar Pradesh. iii. to issue any other writ, order or direction as deemed fit and proper in the nature and circumstances of the case....."
4. Learned counsel for opposite parties submit that petitioner has an alternative and equally efficacious remedy of preferring an application under Section 67 of the U.P. Revenue Code, 2006 which he has not yet availed of.
5. Considering submissions advanced by learned counsel for parties, petitioner is granted liberty to file a fresh application
under Section 67 of the U.P. Revenue Code, 2006 before the concerned authority which shall be considered and decided expeditiously, preferably within a period of three months after giving opportunity of hearing to the alleged encroachers.
6. 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