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2025 DAILYLAW 8888 (ALL)

GOMTI PRASAD SHUKLA v. STATE OF U.P. AND 4 OTHERS

WRIC/1510/2025 · 2025-01-27

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13540 Court No. - 50 Case :- WRIT - C No. - 1510 of 2025 Petitioner :- Gomti Prasad Shukla Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pradeep Kumar Tripathi Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. P.K. Tripathi, learned counsel for petitioner and Mr. Manoj Kumar Mishra, learned Standing Counsel for the State respondents. 2. The instant petition has been filed for the following reliefs:- "(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to evict the unauthorized occupants cultivating over land recorded as chak marg nos. 1735 area 0.0210, 1727 area 0.710 and 1731 area 0.590 situate in Village Kakram, Pargana- Dharwara Tehsil Karchana District Prayagraj. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to remove the obstacles from the chak marg nos. 1735 area 0.0210, 1727 area 0.71 and 1731 area 0.590 situate in Village Kakram, Pargana- Dharwara Tehsil Karchana District Prayagraj and to make it available for the free use of public." 3. Mr. Manoj Kumar Mishra, learned Standing Counsel for the State respondents raised preliminary objection that instant petition for mandamus at the instance of petitioner is not maintainable as petitioner is praying for eviction of unauthorized occupant from the plot which is recorded as chak marg. 4. Considering the facts and circumstances, the writ petition for mandamus in respect to plot recorded as chak marg cannot be entertained. The instant writ petition is disposed of with liberty to initiate proper proceeding in accordance with law. Order Date :- 27.1.2025 Vandana Y. Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad