CHANDRAJEET MANGAL PRAJAPATI v. STATE OF U.P. AND 4 OTHERS
WPIL/292/2025 · 2025-02-11
Chandra Kumar Rai
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 17286 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17286 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:19524 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 292 of 2025 Petitioner :- Chandrajeet Mangal Prajapati Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ajai Kumar Singh Kushwaha Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Chandra Kumar Rai,J.
1. Heard learned counsel for the petitioner, Mr. Dinesh Kumar Verma, learned Standing Counsel for the State-respondents and Mr. Bhupendra Kumar Tripathi, learned counsel for the respondent- Gaon Sabha.
2. The instant public interest litigation has been filed for the following relief:
"to issue a writ, order or direction in the nature of mandamus be issued commanding the respondents to remove the illegal encroachment made by private respondent on the plot no.257 area 1.1870 hectare occupied by respondent no.5 by 0.3950 hectare area which is land of pond situated in village- Barwa Khurd, Tahsil- Saidpur, District- Ghazipur and restore their original shape situated in the revenue village concerned which is registered as Case No.T202014290402788 titled as Gaon Sabha vs. Santosh Rai related with village Barwa Khurd, Tahsil- Saidpur, District Ghazipur under Section 67 of U.P. Revenue Code, 2006 and restore their original shape situated in the revenue village concerned."
3. Learned counsel for the petitioner submitted that the proceedings under Section 67 of U.P. Revenue Code, 2006 has been registered in respect to the plot in question but the same has not been decided till date.
4. Learned Standing Counsel for the State and learned counsel for the respondent- Gaon Sabha submitted that no interference is required in the matter as proceeding has already been registered and the same is pending before the Tahsildar.
5. Considering the entire facts and circumstances, no interference is required in the matter.
6. The instant public interest litigation is finally disposed of with observation that the aforementioned pending proceeding under Section 67 of U.P. Revenue Code, 2006 shall be decided in accordance with law by respondent no.3/ Tahsildar, Saidpur, District- Ghazipur. Order Date :- 11.2.2025 Rameez Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad