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2025 DAILYLAW 37839 (ALL)

BACHCHA LAL YADAV v. STATE OF U.P. AND 5 OTHERS

WPIL/708/2025 · 2025-04-07

Arun Bhansali, Kshitij Shailendra

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:50636-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 708 of 2025 Petitioner :- Bachcha Lal Yadav Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sanjay Singh Counsel for Respondent :- C.S.C.,Girdhar Prasad Tripathi Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J. 1. This petition has been filed by the petitioner, purportedly in public interest, seeking a direction to the Collector, Ballia to remove illegal encroachments over Arazi Nos. 73 and 47, which are recorded as road (public utility land). Allegations have been made that respondent Nos. 4 to 6 are encroaching over the land of road and despite complaints made by the petitioner, the same has not been removed. 2. A perusal of the record indicates that the petitioner inter alia has impleaded Nagar Palika Parishad, Ballia as party respondent and it is submitted by counsel for the petitioner that the land in question is within the jurisdiction of Nagar Palika Parishad. 3. Once the land vests in the Nagar Palika Parishad, for which the petitioner is seeking to raise issue of encroachments, the petitioner is required to approach the authorities under the Uttar Pradesh Municipalities Act, 1916 and making of the representations to the Collector for the said purpose is totally misplaced. 4. Consequently, the petition is dismissed, leaving it open for the petitioner to approach the competent authority with all the grievances, as raised in the petition. Order Date :- 8.4.2025 P.Sri./Sazia (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- PUNEET SRIVASTAVA High Court of Judicature at Allahabad