DAYA SHANKAR PANDEY v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE LKO. AND 4 OTHERS
WPIL/1039/2025 · 2025-10-09
Subhash Vidyarthi
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 195542 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 195542 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 1039 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Shohit Singh, the learned counsel for the petitioner, Sri Vikas Rai, the learned Counsel for the State, Sri Mohan Singh, the learned counsel for the opposite party no.4/Gaon Sabha and perused the records.
2. By means of the instant writ petition filed in public interest the petitioner has sought issuance of a direction for removal of encroachment made by the opposite party no.5 on land bearing Gata No.373 measuring 0.2050 hectare situated at Village Sukhaoopur Asaraf Patti, Pargana Aldimau, District Sultanpur which is khalihan land belonging to gram sabha.
3. On the basis of written instructions provided by the Tehsildar, Tehsil Kadipur, District Sultanpur the learned Counsel for the petitioner has informed the court that the proceedings under Section 67 of U.P. Revenue Code 2006 were initiated for removal of encroachment in the year 2022, which were decided ex-parte by means of an order dated 16.11.2023. The opposite party no.5 has filed an application for recall of ex-parte order and the matter is subjudice.
4. Keeping in view of the aforesaid facts as the authorities are already taking appropriate steps for removal of encroachment and the matter is subjudice no interference is called for in the instant Versus Counsel for Petitioner(s) : Sudhir Kumar Mishra, Shohit Singh Counsel for Respondent(s) : C.S.C., Mohan Singh Daya Shankar Pandey .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 4 Others .....Respondent(s)
writ petition.
5. Accordingly, the petition is disposed of. October 9, 2025 Ram.
WPIL No. 1039 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench