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2025 DAILYLAW 159094 (ALL)

VIVEK GOEL v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF REVENUE GOVT. OF U.P. LKO. AND 8 OTHERS

WRIC/8085/2025 · 2025-08-25

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8085 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent nos.1 to 4 and Shri Surya Prakash Singh, Advocate who has appeared on behalf of the Opposite party nos.5 and 6, Nagar Panchayat, Bakshi Ka Talab, Lucknow. 2. This petition has been filed by the petitioner for the following main prayers:- "i) An appropriate Writ, order or direction in the nature of Mandamus commanding the opposite parties nos.2 to 6 to remove the illegal encroachment/ constructions over the Public Utility land at Gata No.271 of Village Rampur Devrai under the Nagar Panchayat, Bakshi Ka Talab, Lucknow. ii) An appropriate Writ, order or direction in the nature of Mandamus commanding the opposite parties nos.2 to 6 to demarcate the Public Utility land at Gata No.271 of Village Rampur Devrai under the Nagar Panchayat, Bakshi Ka Talab, Lucknow. iii) Such other appropriate writ, order or direction as this Hon'ble Court may deem just and proper in the circumstances of the case and in the interest of justice, be passed in favour of the petitioner. Versus Counsel for Petitioner(s) : Manoj Kumar Dubey Counsel for Respondent(s) : C.S.C., Surya Prakash Singh Vivek Goel .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Revenue Govt. Of U.P. Lko. And 8 Others .....Respondent(s) iv) Costs of the writ petition be awarded in favour of the petitioner." 3. It has been submitted by the learned counsel for the petitioner that the Nagar Panchayat has failed to demarcate public utility land adjacent to various Gata numbers of the village. Such public utility Land / Naali/ Drainage has been illegally taken over by land owners of the adjacent properties. The petitioner has made several representations to the Opposite party nos.5 and 6, no heed has been paid, therefore, this writ petition has been filed with the aforesaid prayers. 4. Shri S.P. Singh, has produced before this Court, copy of the Status of Case No.24387 of 2025 pending in the Court of Tehsildar, Bakshi Ka Talab, Lucknow, Gaon Sabha Vs. Nitin Agarwal and others, where the next date fixed is 03.09.2025. 5. It has been submitted that the proceedings under Section 67 of the U.P. Revenue Code have been initiated against the alleged encroachers and the next date fixed in the matter is 03.09.2025, this writ petition is disposed of with a direction to the Tehsildar, Bakshi Ka Talab, Lucknow, to issue notice to all concerned and after giving opportunity of hearing, decide the Section 67 Application of the Gaon Sabha Mahona, in accordance with law, within a period of 12 weeks from the date a certified copy of this order is produced before him. August 25, 2025 N.PAL WRIC No. 8085 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench