Rakesh Mishra v. State of U.P. and 4 Others

Court No. - 52 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2372 of 2023 Petitioner :- Rakesh Mishra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Deepak Kumar Tripathi Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta Hon'ble Saurabh Srivastava,J.

¶1Heard Sri Deepak Kumar Tripathi, learned counsel for the petitioner and Sri Rajesh Kumar Tiwari, learned Additional Chief Standing Counsel appearing on behalf of respondent nos. 1 to 4 as well as Sri Pankaj Kumar Gupta, learned counsel for respondent no. 5.

¶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 construction of water tank made by respondent no.5 over arazi no.172 which is recorded as khalihan in the revenue record, situated at Village Raksa, Tehsil Mehdawal, Distrcit Sant Kabir Nagar.

¶3Today when the matter has been taken up, learned Additional Chief Standing Counsel came up with the specific instructions which is taken on record through which it has been transpired that the aforesaid plot no.172 was recorded as banzar in the fasli year 1359 and the same was also recorded as banzar in CH Form 41 and

¶45Over the application preferred by one Shobhnath, vide order dated 30.04.2000, the said land was recorded as khalihan. Over the restoration application preferred for seeking recall of the order dated 30.04.2000, the said order was recalled vide order dated

21.10.2023 passed by Sub Divisional Magistrate, Mehdawal. After recall of the order dated 30.04.2000, the said land has already been recorded a banzar again and construction of water tank over the same land has been started.

¶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 :- 4.12.2023/Vivek Kr. High Court of Judicature at Allahabad