Vinod Kumar v. State of U.P. and 5 Others

Court No. - 52 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2286 of 2023 Petitioner :- Vinod Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- A.T. Pandey Counsel for Respondent :- C.S.C. Hon'ble Saurabh Srivastava,J.

¶1Heard Sri A.T. Pandey, learned counsel for the petitioner and Sri Satyendra Bhushan Dubey, learned Standing counsel appearing on behalf of respondent nos. 1 to 4.

¶2Present petition has been filed seeking a direction in the nature of mandamus to be issued in favour of the respondents to remove the illegal encroachment made over the public utility land bearing plot nos.1020, 1279 and 1280 in pursuance of the eviction order dated 16.12.2013 and 24.12.2013 passed by respondent no.4.

¶3Today when the matter has been taken up, learned Standing Counsel came up with the specific instructions which is taken on record through which it has been transpired that against the order of eviction, the alleged encroachers have preferred appeals under Section 67(5) of U.P. Revenue Code, 2006 which are pending to be adjudicated and as such, till the disposal of the appeals, order or eviction cannot be implemented.

¶4In view thereof, there is hardly any cause of action arises in favour of the petitioner to pursue the instant petition.

¶5Accordingly, the present petition stands disposed of. Order Date :- 30.11.2023 Vivek Kr. High Court of Judicature at Allahabad