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2025 DAILYLAW 194480 (ALL)

MAHESH KUMAR JAISWAL v. STATE OF U.P. AND 8 OTHERS

WPIL/3118/2025 · 2025-10-13

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3118 of 2025 Court No. - 55 HON'BLE CHANDRA KUMAR RAI, J. 1.Heard Mr. Shivam Yadav, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Mr. Pradeep Singh, learned Counsel for the Land Management Committee. 2. The instant public interest litigation has been filed for the following relief: "I. Issue a writ of Mandamus commanding and directing the respondents particularly the Respondents Nos. 2, 3 & 4, to take appropriate steps measures for removing illegal encroachment and occupation of private respondents from Gata Nos. 02 & 120 duly recorded in the form of Charagah and Chakroad respectively of the concerned Village- Chak Sundar Taluka Kodh, Tehsil-Gyanpur, District- Bhadohi. ii. Issue a writ of Mandamus commanding and directing the respondents particularly the Respondent No.2, to take appropriate steps to initiate all forms of legal actions against the private respondents and to get the public utility land freed from such illegal encroachment/ occupation, which belongs to Charagah and Chakroad of Gata Nos. 02 & 120 of Village- Chak Sundar, Taluka Kodh, Tehsil- Gyanpur, District-Bhadohi." 3. Leaned counsel for the petitioner submitted that in C.H. Form 45 plot was recorded as pasture land but private respondents at present is recorded over the plot in question. He submitted that proper direction be issued for correction of revenue entry of the plot in question. Versus Counsel for Petitioner(s) : Aman Ahsan, Sandeep Kumar Kushwaha, Shivam Yadav Counsel for Respondent(s) : C.S.C., Pradeep Singh Mahesh Kumar Jaiswal .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s) 4. I have considered the arguments advanced by the learned counsel for the petitioner and perused the record. 5. There is no dispute about the fact that at present private tenure holder are recorded over the plot in question as class-1 category tenure holder. 6. For correction of revenue entry, the proper provision has been prescribed under the U.P. Revenue Code, 2006, as such the public interest litigation cannot be entertained for correction of revenue entry. 7. Considering the entire facts and circumstances of the Case, the instant public interest litigation is dismissed with observation that proper proceeding as prescribed under the U.P. Revenue Code, 2006 can be initiated in accordance with law. October 14, 2025 PS* WPIL No. 3118 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad