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2025 DAILYLAW 9853 (ALL)

LAKHANDAR v. STATE OF U.P. AND 4 OTHERS

WPIL/132/2025 · 2025-02-13

Chandra Kumar Rai

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:20646 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 132 of 2025 Petitioner :- Lakhandar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Manoj Kumar Tiwari Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Manoj Kumar Tiwari, learned counsel for the petitioner, Mr. Dinesh Kumar Verma, learned Standing Counsel for the State-respondents and Mr. Bhupendra Kumar Tripathi, learned counsel for the respondent- Gaon Sabha. 2. The instant public interest litigation has been filed for the following relief: "issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 to direct the respondent nos.2 & 3 to remove the illegal encroachment over Arazi No.63 area 0.792 hectare (recorded as Banjar land in the revenue record) situated in Village- Audhhari Ojhipur, Pargana- Sadiyabad, District- Ghazipur." 3. This Court vide order dated 22.1.2025 directed the learned Standing Counsel and Counsel for the gaon sabha to obtain instruction in the matter. 4. In compliance of the order of this Court, instruction dated 11.2.2025 sent by Sub-Divisional Magistrate, Jakhaniya, Ghazipur is taken on record. 5. Learned Standing Counsel and learned counsel for the respondent gaon sabha on the basis of instruction submitted that the plot no.63M area 0.7920 hectare is recorded as banjar in the revenue records. They further submitted that the demarcation of the aforementioned plot was taken place by the revenue team constituted in the presence of the police force but no encroachment has been found over plot no.63M area 0.7920 hectare. They further submitted that the spot memo was prepared by the authorities in the presence of the petitioner and petitioner has signed the spot memo, as such, no interference is required in the matter. 6. Considering the entire facts mentioned in the instruction dated 11.2.2025 sent by the Sub-Divisional Magistrate, Jakhaniya, Ghazipur to the effect that there is encroachment over the plot no.63M area 0.7920 hectare, which is recorded as banjar in the revenue records, no interference is required in the matter. 7. The instant public interest litigation is accordingly, dismissed. Order Date :- 13.2.2025/Rameez Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad