Amit Yadav v. State of U.P. and 3 Others

Court No. - 21 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1376 of 2022 Petitioner :- Amit Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Subhash Chandra Yadava,Bal Mukund Singh Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Manoj Kumar Gupta,Acting Chief Justice Hon'ble Kshitij Shailendra,J.

¶1The instant petition filed in public interest prays for a direction to the Executive Engineer, P.W.D., Azamgarh to make construction of pitch-road over Gata No.177 and not over Gata No.176 in pursuance of the order of the District Magistrate, Azamgarh dated 29.06.2022.

¶2The instruction furnished by Executing Engineer, Construction Division, P.W.D., Azamgarh to the Standing Counsel mentions that the pitch-road is being constructed over land which lies over Gata No.177 which is recorded as chakroad and not over Gata No.176 as is the contention of petitioner.

¶3The District Magistrate, Azamgarh in his letter dated 29.06.2022, which is part of the instructions, taking cognizance of the complaint of the villagers, had directed that the pitch-road be constructed over Gata No.177.

¶4It is not clear from the instructions whether any proper survey was conducted by the respondents to identify the chakroad and to ascertain whether the chakroad was in existence over Gata No.176 or 177.

¶5In order to resolve the said controversy, we direct the District Magistrate, Azamgarh to constitute a team of revenue officials who will carry out fresh demarcation in presence of petitioner and other villagers so as to identify Gata No.176, which is recorded as 'Baha', and 177 recorded as chakmark. The District Magistrate, Azamgarh will, thereafter, ensure that the pitch-road is constructed over Gata No.177 which is recorded as chakmarg and not over Gata No.176.

¶6The petition stands disposed of accordingly.

¶7The order has been passed in the presence of Sri Rameshwar Prasad Shukla, learned counsel for the respondent no.5. Order Date :- 16.12.2023 AKShukla/- (Kshitij Shailendra, J.) (Manoj Kumar Gupta, A.C.J.) High Court of Judicature at Allahabad