JAYSINGH YADAV v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO. AND 12 OTHERS
WPIL/675/2025 · 2025-07-15
Pankaj Bhatia
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 149598 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149598 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:40242 Court No. - 7 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 675 of 2025 Petitioner :- Jaysingh Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 12 Others Counsel for Petitioner :- Ravindra Kumar Shukla,Rakesh Kumar Yadav,Shaiwal Kumar Yadav Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel.
2. The present petition has been filed with the following main relief:
"(i) Issue a writ, order or direction in the nature of Mandamus commanding the Respondent Authorities No.1 to 6 to remove encroachment over the Public Utility Land recorded as Road (Rasta) in Records of Rights (Khatauni) of Gata No.1216 Area 0.0390 Hectare, Village Jamethi, Tehsil Kunda, District Pratapgarh, from all illegal occupants and illegal encroachments done by Respondent No.7 to 13, and also restore it to its original form."
3. Learned Standing Counsel, based upon the instructions, states that over the Rasta, the constructions, which were standing, have been removed.
4. The said fact is seriously disputed by learned counsel for the petitioner.
5. Considering the fact that Section 26 of the U.P. Revenue Code, 2006 prescribes for an effective adjudicating mechanism, the present petition is disposed of permitting the petitioner to file an appropriate application under Section 26 of the U.P. Revenue Code, 2006 before the authority concerned. In case, such an application is filed, the same shall be disposed of in accordance with law within a period of 90 days after giving opportunity of hearing to the persons alleged to be encroaching over the property. Order Date :- 15.7.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench