Ved Prakash v. State of U.P. Thru. Its Prin. Secy. Housing Lko. and 7 Others

Court No. - 7 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1102 of 2024 Petitioner :- Ved Prakash Respondent :- State Of U.P. Thru. Its Prin. Secy. Housing Lko. And 7 Others Counsel for Petitioner :- Amit Tripathi Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Pankaj Bhatia,J.

¶1Heard learned Counsel for the petitioner as well as learned Standing Counsel and Sri Pankaj Gupta, learned Counsel appearing on behalf of the respondent no.5 and Ms. Priyanka Singh, learned Counsel appearing on behalf of the respondent no.6.

¶2The present writ petition has been filed with the following prayer: "(i) issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the respondent No. 2 & 3 to remove the illegal encroachment made by opposite party No. 6 to 8 from Gata no 61, Khatauni No. 00146, Khasra 7, area 7810 hectare situated in Gram Loniyapur Gram Panchayat Taradaha, Tehsil Patti, District Pratapgarh which is recorded in the revenue record as 'Naveen Parti' in the interest of justice.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 1 to initiate inquiry against inaction on the part of the authorities concern in not removing encroachment from Gaon Sabha Land i.e. Gata no 61, Khatauni No.00146, Khasra 7, area 7810 hectare situated in Gram Loniyapur Gram Panchayat Taradaha, Tehsil Patti, District Pratapgarh recorded as 'Naveen Parti in the revenue which are recorded as public utility land in the revenue record, from illegal encroachment of the land grabbers, in order to punish the guilty persons/authorities."

¶3Learned Standing Counsel based upon instructions states that three proceedings have already been initiated under Section 67 of the U.P. Revenue Code.

¶4The Counsel for the respondent no.6 states that the property of the petitioner is situate at Gata No.83 and is being wrongly shown to be subsisting of Gata No.61, for which, a civil suit has already been filed.

¶5Considering the said submission, it is directed that the proceedings initiated under Section 67 of the U.P. Revenue Code shall be decided expeditiously. While doing so, the claim of the respondent no.6 shall also be considered and proper demarcation proceedings shall be initiated to ascertain the true estate of the property, which is said to have been allegedly encroached. The respondents no.6 and 7 shall also be heard while deciding the proceedings.

¶6The writ petition is disposed off in the above terms. Order Date :- 18.12.2024 akverma High Court of Judicature at Allahabad, Lucknow Bench