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Neutral Citation No. - 2025:AHC:84223 Court No. - 35 Case :- WRIT - C No. - 14399 of 2025 Petitioner :- Smt. Babita Pal Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Ashish Kumar Mishra Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record.
2. The instant writ petition has been filed for the following relief:
"(i) Issue a writ order or direction in the nature of mandamus directing the concern respondent authority to comply with the Hon'ble Court order dated 03.10.2023 (Smt. Babita Pal Vs. State of U.P. and 8 others) in Public Interest Litigation (PIL) No.- 2050 of 2023 with an immediate effect in accordance with law. (ii) Issue a writ order or direction in the nature of mandamus directing the concern respondent authority to ensure from the removing of illegal incroachment from gata/arazi no.108 area 0.0230 hectare mentioned as 'Chakroad' in the revenue record situated at Village-Khalilpur, Pargana-Sadiyabad, Tehsil-Jakhania, District- Ghazipur from the respondent no.6 to 9 within a stipulated period in accordance with law."
3. Prayer has been made directing the respondent authorities to comply with the
order dated 03.10.2023 passed in Public Interest Litigation (PIL) No.2050 of 2023.
Order dated 03.10.2023 passed in PIL No.2050 of 2023 is quoted as under :
"1. Heard Sri Brijesh Kumar Yadav, learned counsel for the petitioner and Sri Dhananjay Singh, learned Standing counsel appearing on behalf of respondent nos. 1 to 4 as well as Sri Bhupendra Kumar Tripathi, learned counsel for respondent no. 5.
2. Present petition has been filed seeking a direction in the nature of mandamus to be issued in favour of the respondents to remove the illegal encroachment made over the public utility land.
3. Today when the matter has been taken up, learned Standing Counsel came up with the specific instructions which is taken on record through which it has been transpired that after demarcation conducted by revenue authorities, the illegal encroachment carried out over Gata No. 108 has been removed.
4. The grievance of the petitioner has already been redressed in pursuance to the prayer as made in the instant petition and as such, there is hardly any cause of action arises in favour of the petitioner to pursue the instant petition.
5. Accordingly, the present petition stands disposed of."
4. PIL was disposed of as the grievance of the petitioner was already addressed.
5. The prayer made in the writ petition is wholly misconceived and is accordingly dismissed.
Order Date :- 20.5.2025 Priya (Manish Kumar Nigam, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad