Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:12571-DB Court No. - 29 Case :- WRIT - C No. - 29825 of 2024 Petitioner :- Ashok Kumar Gupta Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Prem Chandra Dwivedi,Sunil Kumar Pandey Counsel for Respondent :- Anuj Agrawal,C.S.C.,Swetashwa Agarwal Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Grievance is that public drain has been blocked by the respondents. On the previous occasion, this Court had called upon respondents to obtain instructions. Instructions have been obtained from the concerned Tehsildar, according to which, the private respondent was not in possession over any drainage or footpath. It has also been recorded that the land in possession of the private respondent, is otherwise, recorded as Abadi and the private respondent is in possession.
Learned counsel for National Highway Authority of India also states that no encroachment is made by the private respondent on the land of National Highways. Copy of the instructions filed by the respondents, are taken on record. Its copy is also furnished to learned counsel for the petitioner, today, in the Court. Once that be so, no direction in the writ petition is required to be issued. Even otherwise, if there is any encroachment on public land by private person, remedy would be to approach the competent forum under Section 67 of the U.P. Revenue Code,
2006. Leaving it open for the petitioner to pursue remedy either before the competent authority or before Civil Court, this petition is consigned to records.
Order Date :- 24.1.2025 Noman Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad