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2025 DAILYLAW 144194 (ALL)

PARASNATH ALIAS PARASNATH MISHRA v. STATE OF U.P. THRU. SECY. REVENUE DEPTT. LKO. AND 5 OTHERS

WPIL/625/2025 · 2025-06-04

Manish Mathur

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34629 Court No. - 13 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 625 of 2025 Petitioner :- Parasnath Alias Parasnath Mishra Respondent :- State Of U.P. Thru. Secy. Revenue Deptt. Lko. And 5 Others Counsel for Petitioner :- Diwakar Singh Kaushik Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Manish Mathur,J. 1. Heard Mr. Prateek Srivastava, Advocate holding brief on behalf of Mr. Diwakar Singh Kaushik, learned counsel for petitioner, learned State Counsel for opposite parties no. 1 to 4 and Mr. Tushar Gupta, Advocate holding brief on behalf of Mr. Pankaj Gupta, learned counsel for opposite party no.5. 2. In view of order being passed, notice to opposite party no. 6 stands dispensed with. 3. Petition has been filed seeking the following reliefs:- "I) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties no. 2 to 4 to ensure eviction of the opposite party no. 6 from the Gaon Sabha public utility land Gata No. 57 area 107 Hectare which is registered in the name of Khaliyan situated in Village- Purekhothai, Malawa chhajaipur Pratapgarh, District- Pratapgarh and to get the said land vacated from such illegal encroachment within stipulated time as prescribed by this Hon'ble Court. II) Issue a writ, order of direction in the nature of mandamus directing the State respondent authorities to restrain the respondent 6, to encroach and to take illegal possession on the land Gata No. 57 area.107 Hectare which is registered in the name of Khaliyan situated in Village- Purekhothai, Malawa chhajaipur Pratapgarh, District- Pratapgarh. III) Any other order, which this Hon'ble Court may deem fit and proper under the circumstances of the case, also be passed in favour of the Petitioner......." 4. Considering aforesaid prayer, liberty is granted to petitioner to approach appropriate authorities under Section 67 of the U.P. Revenue Code, 2006 which shall be considered and decided expeditiously, preferably within a period of three months from the date of submission of application after affording opportunity of hearing to the alleged encroachers. 5. 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