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2025 DAILYLAW 78260 (ALL)

SURAJ NATH v. STATE OF U.P. AND 4 OTHERS

WPIL/1929/2025 · 2025-07-24

Kshitij Shailendra

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:122764 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1929 of 2025 Petitioner :- Suraj Nath Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Janardan Shukla Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the petitioner and the learned Standing Counsel for the respondent nos. 1 to 4 and Shri Sudhir Bharti, learned counsel for the respondent no.5-Gaon Sabha. 2. This petition has been filed absolutely on vague averments as regards encroachments over various arazies in Village Paras Khad Tappa Nagwa, Pargana Shahjahanpur, Tehsil and Deoria. 3. Prayer has been made that a writ of mandamus be issued directing the State-respondents to remove such encroachments. 4. The entire petition is silent about the fact as to who has made encroachment and what is the nature of encroachment. 5. In paragraph no. 14 of the petition, it is stated that the private encroachers have pucca house and sufficient land for agriculture and they are not eligible for getting benefit under Section 67-A of U.P. Revenue Code, 2006 on the Arazi No. 836. 6. Gata No. 836 is one of several gatas mentioned in the prayer clause and even the pleadings as regards said gata are quite vague. 7. The Court finds that except annexing certain orders passed in several writ petitions where observations were made by this Court that encroachments should not be permitted to be made, nothing has been disclosed in the present petition. 8. Neither any photograph has been filed nor is there any application moved before any authority alleging encroachment or the particulars of those persons who have made encroachments. 9. Learned counsel for the petitioner has referred to Annexure No. 2 to the petition and paragraph 7 thereof to submit that a complaint has been moved by the petitioner before the authorities. 10. The Court has perused Annexure No. 2, which is a screen shot of some online alleged complaint in which except name of the applicant and Department as Revenue and Disaster Management, nothing has been stated. Subject of the said complaint is that measurements be carried out and encroachments be removed. 11. Exercise of writ jurisdiction is an extraordinary power of High Court under Article 226 of the Constitution of India. The present petition even does not disclose the ordinary recourse taken by the petitioner. 12. Under the circumstances, no good ground exists to interfere in the matter or to issue any direction. 13. The petition is dismissed. Order Date :- 25.7.2025 AKShukla/- Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad