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2025 DAILYLAW 174802 (ALL)

ASHOK KUMAR v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO. AND 6 OTHERS

WPIL/1124/2025 · 2025-11-04

Rajan Roy, Rajeev Bharti

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 1124 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. 1. Heard learned counsel for petitioner, Ms. Akanksha Dubey, learned Additional C.S.C. and Sri Shailesh Chandra Tiwary, learned counsel for respondent no.3. 2. The petitioner alleges encroachment of Plot No.431 which is a Chak Road. However, learned Additional C.S.C. Ms. Akanksha Dubey says that adjacent to plot no.431 is plot no.434 which is a bhumidhari land and there are some suit proceedings pending in respect of the land. During demarcation it was found that part of Plot No.431 in fact is being claimed by the plaintiff of the suit pertaining to Plot No.434 which is a subject matter of the aforesaid suit. Hence, the authorities are feeling handicapped in removing the encroachment, as there is an order of status-quo in the said suit. Further, proceedings for correction of map relating to Gata Plot No.434 are also pending. 3. In view of the aforesaid statement made by Ms. Akanksha Dubey, learned Additional C.S.C. on the basis of written instructions which are taken on record, we also feel handicapped in proceeding with this P.I.L. any further. It is informed that though in the said suit, the Collector, Pratapgarh of Gram Sabha concerned has not been impleaded as defendant presumably because the relief sought is against private defendants therein, but then on account of subject matter of the suit, any interference may amount to interference with the temporary injunction Versus Counsel for Petitioner(s) : Rajan Singh Counsel for Respondent(s) : C.S.C., Shailesh Chandra Tiwary Ashok Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Lko. And 6 Others .....Respondent(s) order passed by the Civil Court. It is also informed that the Nagar Panchayat has done the interlocking. 4. Let the concerned Court/Officials where the map correction proceedings are pending dispose of the said proceedings as per the law at the earliest, say within three months. Ms. Akanksha Dubey, learned Additional C.S.C. shall communicate this order to the concerned Court/Official for compliance. Consequence shall follow as per law. 5. The present petition is disposed of with liberty to the petitioner to approach the Court again, if the occasion so arises in future, unless there is any legal impediment. November 4, 2025 Arti/- WPIL No. 1124 of 2025 2 (Rajeev Bharti,J.) (Rajan Roy,J.) Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench