Doodh Nath Pal v. State of U.P. and 3 Others

Court No. - 52 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2229 of 2023 Petitioner :- Doodh Nath Pal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vikas Srivastava,Jitendra Singh,Sachchida Nand Ojha Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi Hon'ble Saurabh Srivastava,J.

¶1Heard Sri Vikas Srivastava, learned counsel for petitioner and learned Standing counsel for State respondents.

¶2Present P.I.L has been filed seeking direction in the nature of mandamus in favour of respondent nos. 2 and 3 to ensure removal of the illegal encroachment over arazi no. 149/0.028 hectare "Chak Marg" situated in village Sarai Vikram, Tehsil Mariyahun, District Jaunpur from unauthorised occupant in pursuance of order dated

23.03.2023 passed by respondent no. 3.

¶3At the very outset, learned Standing counsel for State respondents came up with specific instructions which is taken on record through which it transpired that against the order dated

23.03.2023 an appeal under Section 67(5) of U.P. Revenue Code, 2006 is pending wherein next date fixed for hearing is 09.11.2023.

¶4In view of the aforementioned facts and circumstances, the prayer made in the petition cannot be acceded during pendency of the appeal.

¶5Writ petition stands disposed of accordingly. Order Date :- 28.10.2023 Shaswat High Court of Judicature at Allahabad