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2025 DAILYLAW 98633 (ALL)

GHANSHYAM PRASAD KESARWANI v. State of UP AND 5 OTHERS

WPIL/1874/2024 · 2025-05-21

Arun Bhansali, Kshitij Shailendra

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:86950-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1874 of 2024 Petitioner :- Ghanshyam Prasad Kesarwani Respondent :- State of U.P. and 5 others Counsel for Petitioner :- Jagdish Kumar, Ziya Uddin Counsel for Respondent :- C.S.C., Rajiv Singh (S.C.), Abhishek Ankur Chaurasia Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J. 1. This petition, purportedly in public interest, has been filed by the petitioner seeking removal of illegal encroachments over the land of Public Works Department, Prayagraj comprised in Arazi No. 75Kha, 198A, 251Ka and 257Ka in Nagar Panchayat Shankargarh, Prayagraj. 2. Submissions have been made that though land is recorded in the name of P.W.D., the same is in illegal possession of encroachers and, therefore, the respondents be directed to clear the P.W.D. land from encroachers. 3. Instructions have been produced on behalf of the Executive Engineer, P.W.D., Prayagraj inter alia indicating that on the land comprised in Arazi No. 198Min., certain persons are in illegal occupation against whom action under the Public Premises Act has been initiated. Qua the land comprised in Khasra No. 75, 257 and 251, the Sub Divisional Magistrate, Bara, Prayagraj has produced instructions inter alia indicating that the said three Arazies are Minjumla, i.e., the same is owned by several persons and, on the land, to the extent the same is recorded in the name of P.W.D., there is no encroachment. 4. Counsel for the petitioner attempted to question the said instructions, however, once the authorities of the State/Sub Divisional Magistrate has produced instructions inter alia indicating that insofar as the land belonging to the P.W.D. in three Khasras is concerned, there is no encroachment and in one Arazi, wherein there are encroachments, proceedings have already been initiated, we do not find any reason to continue with the present petition, which has been filed in the nature of public interest. 5. Consequently, the petition stands disposed of. It would be required of the respondents to ensure that the proceedings initiated under the Public Premises Act is taken to its logical conclusion. Order Date :- 22.5.2025 P.Sri./Pkb (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- PUNEET SRIVASTAVA High Court of Judicature at Allahabad