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2025 DAILYLAW 170739 (ALL)

DEVENDRA KUMAR v. STATE OF U.P. THRU. PRIN. SECY. REVENUE U.P. LKO. AND 8 OTHERS

WPIL/1138/2024 · 2025-01-16

Pankaj Bhatia

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2711 Court No. - 7 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1138 of 2024 Petitioner :- Devendra Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Revenue U.P. Lko. And 8 Others Counsel for Petitioner :- Gauri Shankar Maurya,Rajendra Kumar Rajbhar,Ramjiyawan Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed by the petitioner with the following prayers: "(i) Issue a writ order or direction in the nature of mandamus thereby commanding the opposite parties to remove illegal encroachment from the pond land Gata No. 3327 situates at Village Behandar Khurd (Jakhour), Tehsil Sandila, P.S. Kasimpur, District Hardoi. (ii) Issue a writ order or direction in the nature of mandamus directing the opposite parties no. 1 to 5 to take appropriate action against the opposite party no. 6 to 9, who are illegally encroached upon pond land Gata No. 3327 situates at Village Behandar Khurd (Jakhour), Tehsil Sandila, P.S. Kasimpur, District Hardoi. 3. Learned Standing Counsel based upon instruction states that proceedings were initiated under Section 67 of the U.P. Revenue Code and after appeal the matter was remanded and after remand once again eviction order was passed, however, a Civil Suit has also been filed because of which, execution is not possible. 4. Considering the said submission, it is prescribed that in case there is no stay order from the Civil Court, the Revenue authority shall take steps in pursuance to the eviction order passed against the respondent in accordance with law. 5. The petition is disposed of in terms of the above. Order Date :- 16.1.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench