Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 156254 (ALL)

HARI PRASAD UPADHAYAY v. STATE OF U.P. THRU. SECY. REVENUE DEPTT. U.P. LKO. AND 7 OTHERS

WPIL/797/2025 · 2025-08-07

Pankaj Bhatia

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:45981 Court No. - 6 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 797 of 2025 Petitioner :- Hari Prasad Upadhayay Respondent :- State Of U.P. Thru. Secy. Revenue Deptt. U.P. Lko. And 7 Others Counsel for Petitioner :- Priyam Mishra,Himanshu Chaturvedi Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Pankaj Bhatia,J. 1. Vakalatnama filed by Shri Sharad Nandan Ojha, Advocate on behalf of respondent nos.6 to 8 are taken on record. 2. Present petition has been filed for the following relief: "(i) Issue a writ order or direction in the nature of Mandamus commanding the opposite parties no 1, 2 and 3 to take initiate steps to vacate the Gram Sabha's Land having land Gata no. 880/0.4340 hectare recorded in revenue record as "Usar" land, and land Gata No. 727/0.0420 hectare and Gata No. 690/0.0860 hectare recorded in revenue record as "Naveen Parti" land of Gram Sabha Adharpur, Pargana and Tahsil- Sadar, District- Pratapgarh from illegal encroachments, within specified time and to protect the common rights of villagers, in the interest of justice." 3. Learned Standing Counsel, based upon instructions, states that the proceedings have already been instituted under Section 67 of U.P. Revenue Code. 4. Learned counsel for respondent nos.6 to 8 states that the petitioner had requested for re-measurement and in the alternative has offered to exchange the properties which application is pending. 5. In view thereof, present petition is disposed off with direction to conclude the proceedings under Section 67 of U.P. Revenue Code in accordance with law. 6. In the said proceedings, respondent nos.6 to 8 would be entitled to take the defenses as has been raised before this Court which will be considered while deciding the proceedings under Section 67. Order Date :- 7.8.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench