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2025 DAILYLAW 194998 (ALL)

BRIJESH GUPTA v. STATE OF U.P. THRU PRIN.SECY. REVENUE AND ORS.

WPIL/22651/2019 · 2025-11-21

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. - 22651 of 2019 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. 1. None appears on behalf of the petitioner to press this petition. However, learned Standing Counsel is present. 2. This petition was filed in public interest in 2019 seeking the following reliefs:- "(i) issue a writ, order or direction in the nature of Mandamus thereby commanding the opposite party Nos. 1 and 5 to take necessary steps to protect the land of Bhoodan Yagya Samiti more particularly the land of Gata Nos. 232Ka, 416Kha, 442, 445, 514, 524 of Khata No. 345, village Jahanabad Khobra, Pargana Barhapur, Tahsil Nagina, District Bijnore from the hands of opposite parties No. 7 to 19 and get the same recorded in the name of Bhoodan Yagya Samiti as it was prior to the passing of mutation order dated 30.1.2012 by the Tahsildar, Nagina, opposite party No.5; (ii) x x x x x (iii) : issue a writ, order or direction in the nature of Mandamus thereby commanding the opposite party No. 4 and 5 to restore and maintain the entry land of Gata Nos. 232Ka, 416Kha, 442, 445, 514, 524 of Khata No. 345, village Jahanabad Khobra, Pargana Barhapur, Tahsil Nagina, District Bijnore in the name of Bhoodan Samiti as it was prior to passing of the order of mutation dated 30.1.2012 (Annexure No. 2 to the writ petition) and to distribute the same amongst the persons found eligible in accordance with the provisions of section 14 and 15 of the U.P. Bhoodan Yagna Act, 1952; Versus Counsel for Petitioner(s) : Ziauddin Khan, Nandini Gupta Counsel for Respondent(s) : C.S.C., Ashish Kumar Srivastava, Piyush Chandra Agarwal, Rajesh Tiwari, Yogendra Nath Yadav Brijesh Gupta .....Petitioner(s) State Of U.P. Thru Prin.Secy. Revenue And Ors. .....Respondent(s) (iv) issue any other suitable writ, order or direction which the Hon'ble Court may deem fit and proper in the circumstances of the case as also in the interest of justice; (v) allow this writ petition with costs." 3. We dispose of this petition with the direction to the learned Standing Counsel Shri Manish Mishra to apprise the Additional Chief Secretary/Principal Secretary, Revenue, Government of U.P. about the facts and issues raised in this petition, who may get the matter inquired as to whether the land, which is the subject matter of writ petition, has been illegally usurped by anybody or not and if he finds that it has been so usurped and the relevant records have not been corrected, then he shall take such action as may be required in law or direct the subordinate officials such as the Collector to do so unless of course there is any legal impediment in this regard as it is informed that Writ Petition No.26134 (M/S) of 2016, which was filed by one Mool Chandra and others in respect of the same land wherein an order was passed by one of us (Rajan Roy, J) on 04.01.2017 has subsequently been withdrawn. November 21, 2025 Anand/- WPIL No. 22651 of 2019 2 (Rajeev Bharti,J.) (Rajan Roy,J.) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench