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2025 DAILYLAW 74468 (ALL)

GUDDU AND 15 OTHERS v. STATE OF U.P. AND 9 OTHERS

WPIL/1774/2025 · 2025-09-11

Arun Bhansali, Kshitij Shailendra

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 1774 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This petition has been filed by the petitioners, purportedly in public interest, alleging that respondent No. 9 is in unauthorized possession of land comprised in Gata No. 1468 situated in village-Parikshitgarh, Tehsil- Mawana, District-Meerut recorded as Kabristan. 2. Instructions have been produced by the respondents twice. Initial instructions were not clear regarding the possession of respondent No. 9. Detailed instructions have been produced, inter alia, indicating the status of land, revenue record and the possession, wherein indications have been made that the respondent No. 9 though had deposited certain soil on the land in question, he is not in possession of the land comprised in Khasra No. 1468 recorded as Kabristan. 3. Counsel for the petitioners disputes the indications made and submits that the respondent No. 9, after purchasing the land in Khasra No. 1464, is seeking to encroach over the land of Kabristan. 4. In view of the disputed nature of subject matter pertaining to the alleged encroachment of respondent No. 9 regarding which, an FIR also has been lodged, we do not find any case to entertain the present petition, Versus Counsel for Petitioner(s) : Afzal Ali, Preet Pal Singh Rathore Counsel for Respondent(s) : Ramanand Pandey (A.C.S.C.), C.S.C., Sant Ram Sharma Guddu and 15 others .....Petitioner(s) State of U.P. and 9 others .....Respondent(s) purported in public interest. The same is, therefore, dismissed leaving it open for the petitioners to take appropriate proceedings in accordance with law before Civil/Revenue Courts. September 12, 2025 Mukesh Pal/Jyotsana WPIL No. 1774 of 2025 2 (Kshitij Shailendra,J.) (Arun Bhansali,CJ.) Digitally signed by :- MUKESH PAL High Court of Judicature at Allahabad