Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 170298 (ALL)

PAWAN YADAV v. STATE OF U.P. THRU. ITS PRIN. SECY./ADDL. CHIEF SECY. LOCAL BODIES LKO. AND 3 OTHERS

WPIL/1110/2024 · 2025-01-02

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:33 Court No. - 18 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1110 of 2024 Petitioner :- Pawan Yadav Respondent :- State Of U.P. Thru. Its Prin. Secy./Addl. Chief Secy. Local Bodies Lko. And 3 Others Counsel for Petitioner :- Himanshu Tiwari,Vedika Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Manoj Bajaj,J. Petitioner has approached this Court by means of this petition under Article 226 Constitution of India seeking a writ of mandamus, by directing the ofÏcial respondent to demarcate the land comprised in Gata No. 273 measuring 2.1620 hectares situated at Village Sangipur, Tehsil Lalganj, District Pratapgarh. Learned counsel for the petitioner submits that the subject land is a pond (Talab), which is being used by the villagers, but the same has been illegally possessed by some unlawful elements, therefore, the petitioner has approached this Court for issuance of writ of mandamus, to conduct demarcation of the said land. Learned counsel has drawn the attention of the Court to the representation dated 13th December, 2024 submitted before Tehsildar, Lalganj, Pratapgarh to contend that the request by petitioner in this regard is not being attended to as no such demarcation has been conducted. According to the learned counsel, directions by the Hon'ble Supreme Court are already in place for getting the illegally occupied land released from the unauthorized occupants, but the action is not being taken by the ofÏcial respondents. He prays that the necessary directions be issued for conducting the demarcation and getting the land vacated from the illegal possession of some of the villagers. During the course of hearing, learned counsel is unable to elaborate the nature of use of allegedly illegally occupied land by unauthorized occupants which is a water body (Pond). Besides, there are no particulars given in the petition about the persons, who are in illegal possession of the land. Above all, learned counsel is unable to explain the reason for not adopting the statutory remedy available to get the land vacated by filing a petition before the competent authority, therefore, this Court is not inclined to exercise extra ordinary writ jurisdiction, as the petition is based upon the disputed facts. Resultantly, the petition is dismissed. However, it is made clear that it shall be open for the petitioner to avail alternative remedy for redressal of his grievance, in accordance with law. Order Date :- 2.1.2025 Brijesh Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench