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2025 DAILYLAW 5487 (ALL)

CHHATARPAL SINGH v. STATE OF U.P. AND 3 OTHERS

WPIL/26/2025 · 2025-01-23

Chandra Kumar Rai

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:11743 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 26 of 2025 Petitioner :- Chhatarpal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manoj Kumar Gautam Counsel for Respondent :- Arun Kumar Pandey,C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Learned counsel for the petitioner is permitted to implead Tahsildar, Tahsil- Chandpur, District- Bijnor as respondent no.5 in the array of the parties to the writ petition during course of the day. 2. Heard learned counsel for the petitioner, Mr. Nand Lal Maurya, learned Standing Counsel for the State-respondents. 3. The instant petition has been filed for the following reliefs: "i. to issue a writ, order or direction in the nature of mandamus directing the respondent no.2 and 3 not to allow construction of illegal mosque / Masjid on the pond's land (Khasra no.187, Gata number 178, Unik Code 1143720187000061, measuring area 0.0630 situated at Gram Cheli, Post- Rahu-nangali, Pargana- Boorhpur, Tahsil- Chandpur, District- Bijnor. ii. to issue a writ, order or direction in the nature of direction directing the respondent no.2 to decide the representation dated 21.11.2024 expeditiously." 4. This Court vide order dated 9.1.2025 directed the learned Standing Counsel to obtain instruction in the matter. 5. Instruction dated 20.1.2025 sent by Sub-Divisional Officer, Tahsil- Chandpur, District- Bijnor is taken on record. 6. Learned Standing Counsel on the basis of instruction submitted that the plot no.187 area 0.063 hectare is recorded as pond in the revenue records and during course of the inspection the encroachment was found over the plot in question, accordingly proceeding under Section 67 of U.P. Revenue Code, 2006 has been registered as Case No.T202513160200437 against the person found in illegal possession over the same. 7. In view of the registration of the proceeding under Section 67 of U.P. Revenue Code, 2006 in respect to plot no.187, the instant public interest litigation is finally disposed of directing respondent no.5 to decide the aforementioned Case No.T202513160200437 in accordance with law after affording proper opportunity of hearing to the parties expeditiously. Order Date :- 23.1.2025/Rameez Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad