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2025 DAILYLAW 2814 (ALL)

RAMRAJ v. STATE OF U.P. AND 6 OTHERS

WPIL/3041/2025 · 2026-05-04

Arun Kumar

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3041 of 2025 Court No. - 55 HON'BLE ARUN KUMAR, J. 1. Heard Sri Brajesh Shukla, learned counsel for the petitioner; learned Standing Counsel for the respondent nos. 1 to 3 and Sri Azad Rai for the respondent no. 7. 2. The present petition has been filed for the following relief: "i. Issue a writ, order or direction in the nature of Mandamus directing the respondent authority to take appropriate action in order to correct the entry of Gata No.46 area 4 Bigha, 8 Biswa as a pond by deleting the entry of private respondent and others. ii. Issue a writ, order or direction in the nature of Mandamus directing the respondent authority to take appropriate action to remove the encroachment upon the pond vide gata no.46, within stipulated period fixed by this Hon'ble Court. iii. Issue a writ, order or direction in the nature of Mandamus directing the respondent to take appropriate action on the letter issued by the Sub Divisional Officer, Tehsil Phoolpur, District Prayagraj dated 17.02.2020." 3. It is contended by the learned counsel for the petitioner that the Deputy District Magistrate, Phoolpur, Prayagraj has issued a letter to the Registrar Kanoongo stating that the entries in respect of Plot No. 46Ga appears to be fictitious, therefore, a direction may be issued to remove the illegal occupation from the said land. Versus Counsel for Petitioner(s) : Brajesh Shukla, Sushil Kumar Shukla Counsel for Respondent(s) : Azad Rai, C.S.C. Ramraj .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) 4. The said prayer of the petitioner on the basis of some suspicion in the mind of Deputy District Magistrate cannot be the basis for initiating proceeding for eviction of the respondent no. 5 and 6 who are recorded tenure holders of the plot in question. 5. The petitioner has a remedy of moving an application before the appropriate authority for correction of records, if any error or omission is find in the revenue records. 6. In view of the aforesaid, no interference is warranted in the matter, at this stage. However, the present petition is disposed of with the liberty to the petitioner to approach the appropriate authority for correction of the revenue records. If any such application is filed by the petitioner before the respondent no. 3, it shall be considered and decided, in accordance with law. May 5, 2026 Ranjeet Sahu WPIL No. 3041 of 2025 2 (Arun Kumar,J.) Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad