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2025 DAILYLAW 170310 (ALL)

RAKESH KUMAR TIWARI v. STATE OF U.P. THRU. DIST. MAGISTRATE SULTANPUR AND 4 OTHERS

/1125/2024 · 2025-01-09

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1516 Court No. - 7 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1125 of 2024 Petitioner :- Rakesh Kumar Tiwari Respondent :- State Of U.P. Thru. Dist. Magistrate Sultanpur And 4 Others Counsel for Petitioner :- Rajesh Kumar Shukla Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Pankaj Bhatia,J. 1. Heard learned Counsel for the petitioner as well as learned Standing Counsel. 2. The present petition has been filed with the following prayer: "(i) Issue a writ, order or direction in the nature of Mandamus commanding/directing the opposite parties Nos. 1 and 2 to get removed the encroachment done by opposite parties Nos.4 & 5 by putting tin shed over the public utility land i.e. Gata No.157 area 0.528 hectare, situated in Village Kammarpur, Post Haripur, Tehsil Kadipur, District Sultanpur, in accordance with law, within time stipulated by this Hon'ble Court, in the interest of justice. ii) Issue a writ, order or direction in the nature of Mandamus commanding/directing the opposite parties Nos. 1 and 2 to restrain the opposite parties Nos.4 & 5 from making further encroachment over the land Gata No.157 area 0.528 hectare, situated in Village Kammarpur, Post Haripur, Tehsil Kadipur, District Sultanpur, during the pendency of the appeal under Section 67(5) of the U.P. Revenue Code, 2006 pending before the competent court." 3. Learned Standing Counsel, based on the instructions, states that against the order of removal of encroachment, an appeal has been preferred, which is pending for disposal. 4. Considering the fact that the appeal is pending, the present writ petition is disposed of with a direction to decide the appeal filed by the encroacher said to be pending in accordance with law with all expedition preferably within a period of four months from the date of production of a certified copy of this order. Order Date :- 9.1.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench