SACHINDRA @ NEETU TYAGI AND ANOTHER v. STATE OF U.P. AND 4 OTHERS
WRIC/29441/2025 · 2025-10-08
body2025
DailyLaw.ai
[ 2025 DAILYLAW 193161 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 193161 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 29441 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Heard Sri Ashok Kumar Pandey, learned counsel for the petitioners and learned Standing Counsel for the State respondents.
2. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for a direction to the respondent no. 2 to decide the representation of the petitioner.
3. From the perusal of the representation, we find that petitioner is aggrieved by illegal encroachment made by a private party upon a public land which is in a tahsil area. In our considered view, if there is any encroachment which is unauthorized in nature upon a public land or public passage or naali or drain, the appropriate remedy for the party aggrieved is to move an application under Section 67 of the U.P. Revenue Code, 2006.
4. In the circumstances we decline to grant indulgence in the matter. However, we provide in the event, petitioner approached the authority concerned, namely, the Sub Divisional Magistrate under Section 67 of the U.P. Revenue Code, 2006, the authority shall take appropriate measures in the matter in accordance with law, after putting to notice all the concerned parties.
5. Subject to aforesaid liberty, this petition is consigned to records. October 9, 2025 Kirti Versus Counsel for Petitioner(s) : Ashok Kumar Pandey, Pranav Shekhar, Virendra Yadav Counsel for Respondent(s) : C.S.C. (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Sachindra @ Neetu Tyagi And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad