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2025 DAILYLAW 27630 (ALL)

JAI PRAKSH v. STATE OF U.P. AND 4 OTHERS

WPIL/582/2025 · 2025-03-18

Anish Kumar Gupta, Manoj Kumar Gupta

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:39382-DB Court No. - 21 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 582 of 2025 Petitioner :- Jai Prakash Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- A.P.Singh Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The present petition, styled as a public interest litigation, has been filed by the petitioner praying for a direction to respondent nos. 2 to 4 to initiate appropriate action against respondent no. 5 for removal of the encroachments/illegal constructions made by him over Plot No. 2275, total area 2.0310 hectare, Village/Nagar Panchayat Charwa, Pargana and Tehsil Chayal, District Kaushambi and to decide the representation of the petitioner dated 7.12.2024 by a speaking order. 2. The case of the petitioner is that he has got no personal interest in the cause and has filed the instant petition in public interest. It is alleged that Plot No. 2275 is pond, having area 2.0310 hectare. It is further stated that lease of fishery rights in the said pond has been given to one Ram Narain. He is in collusion with respondent no. 5 and has permitted him to construct the temporary house and cattle shed over Plot No. 2275. 3. A perusal of the documents annexed with the writ petition indicates that the Lekhpal while submitting report dated 6.11.2024 mentioned about dispute between the applicant- complainant and the person allegedly in illegal occupation. Moreover, the Executive Officer, Nagar Panchayat, Charwa, Kaushambi in a communication dated 19.11.2024, addressed to District Magistrate, has mentioned that the map of Gata No. 2275 and 2376, which are adjoining plots, is not available. It is also stated that Plot No. 2376 is bhumidhari plot and it cannot be said that the said temporary structure exists over Arazi No. 2275, unless proper demarcation is made. 4. In such circumstances, at this stage, we decline to issue any direction and permit the respondents to get Plot Nos. 2275 and 2376 demarcated, as requested by the Executive Officer, Nagar Panchayat, Charwa, Kaushambi, in accordance with law. 5. The petition stands disposed of accordingly. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 19.3.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad