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2025 DAILYLAW 62792 (ALL)

OMVEER v. STATE OF U.P. AND 7 OTHERS

WPIL/1463/2025 · 2025-09-22

Arun Bhansali, Kshitij Shailendra

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. - 1463 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This petition purportedly in public interest has been filed by the petitioner seeking a direction to the respondents to vacate the 'Chak road' Khasra no. 453 and 'Nali' Khasra no. 454 situated in village - Sakipur, Tehsil - Sadar, District - Gautam Budh Nagar and remove the illegal encroachment of respondent nos. 6, 7 & 8 from the public utility land. 2. Under the directions of the Court, the respondent - Greater NOIDA Development Authority has produced instructions inter-alia claiming that the land comprised in Khasra nos. 453 and 454, which are recorded as 'Chak Marg' and 'Nali' are lying vacant. 3. Counsel for the petitioner disputes the submissions made in the instructions produced by the Development Authority. 4. In the circumstances of the case, wherein the petitioner is claiming encroachments over the land belonging to the Development Authority and the respondent is denying the same, the matter would require leading of evidence by the parties to establish the allegations made/defence of the respondent, which aspect cannot be determined by this Court exercising extra-ordinary jurisdiction under Article 226 of the Constitution of India. 5. Consequently, the petition filed by the petitioner is disposed of leaving Versus Counsel for Petitioner(s) : Jai Shanker Misra, Pradeep Kumar Shukla, Vijai Shanker Shukla Counsel for Respondent(s) : Aditya Bhushan Singhal, Anjali Upadhya, C.S.C. Omveer .....Petitioner(s) State of U.P. and 7 others .....Respondent(s) it open for the petitioner to take appropriate proceedings in accordance with law. September 23, 2025 nd WPIL No. 1463 of 2025 2 (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- NISITH DEY High Court of Judicature at Allahabad