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2025 DAILYLAW 35170 (ALL)

RAJKUMAR YADAV v. STATE OF UP AND 4 OTHERS

WPIL/670/2025 · 2025-05-26

J J Munir

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:90771 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 670 of 2025 Petitioner :- Rajkumar Yadav Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Kashi Nath Singh Yadav Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble J.J. Munir,J. 1. Heard Mr. Kashi Nath Singh Yadav, learned Counsel for the petitioner and Mr. Sanjay Kumar Ray, learned Standing Counsel, appearing on behalf of the State respondents. 2. It is stated by learned Counsel for the petitioner that a drain has been constructed in arazi no. 124, recorded as a government drain, which had been encroached by respondent no. 5, Sachchidanand Yadav. The encroacher has been evicted. 3. Let the drain be properly maintained and saved from encroachment by the Sub-Divisional Officer, Mohammadabad, District- Ghazipur and the Pradhan, Gram Panchayat Benipur Panchayat Area- Barachavar, Tehsil- Mohammadabad, District- Ghazipur. 4. Respondent no. 5, Sachchidanand Yadav, is perpetually restrained from encroaching the said plot, recorded as a government drain, in any manner whatsoever, either himself or through his associates. 5. This petition is disposed of in terms of the aforesaid orders. 6. Let this order be communicated to the District Magistrate, Ghazipur, the Sub-Divisional Magistrate, Tehsil- Mohammadabad, District- Ghazipur, the Pradhan, Gram Panchayat Benipur Panchayat Area- Barachavar, Tehsil- Mohammadabad, District- Ghazipur and Sachchidanand Yadav, Resident of Sakin- Mustafabad, Pargana- Dehma, Tehsil- Mohammadabad, District- Ghazipur through the learned Chief Judicial Magistrate, Ghazipur by the Registrar (Compliance) within 72 hours. Order Date :- 27.5.2025 Prashant D. Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad