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2025 DAILYLAW 195366 (ALL)

ISRAIL v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO. AND 4 OTHERS

WPIL/1160/2025 · 2025-11-15

Subhash Vidyarthi

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 1160 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Ram Milan Yadav, the learned counsel for the petitioner, Sri Ashutosh Srivastava, the learned Standing Counsel for the State of U.P. and Sri Mohan Singh, the learned counsel for the opposite party no. 5-Gaon Sabha. 2. By means of the instant writ petition filed under Article 226 of the Constitution of India, the petitioner has sought issuance of a direction to the opposite parties no. 2 & 3 to remove encroachment made by opposite party no. 4 over the public utility land bearing gata no. 1359 measuring 0.1390 hectare which is reserved for manure pit situated at Village Pure Talevand, H/o Kachnaw, Post Thauri, Tehsil Musafirkhana, District Amethi. 3. On the basis of instructions the learned Standing Counsel has stated that a notice has already been issued for removal of encroachment and upon failure of the encroacher to remove the same, proceedings under Section 67 of the U.P. Revenue Code, 2006 will be instituted to ensure removal of encroachment. 4. Accordingly, the writ petition is disposed of by directing that Versus Counsel for Petitioner(s) : Ram Milan Yadav, Om Prakash Yadav Counsel for Respondent(s) : C.S.C., Mohan Singh Israil .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Lko. And 4 Others .....Respondent(s) opposite parties shall ensure removal of encroachment, in case encroacher fails to remove the same by instituting proceedings under Section 67 of the U.P. Revenue Code, 2006 which shall be decided expeditiously in accordance with law. November 15, 2025 Pradeep/- WPIL No. 1160 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench