Rati Pal Yadav v. State of U.P. Thru. Prin. Secy. Revenue and 7 Ors

Court No. - 7 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 8575 of 2015 Petitioner :- Rati Pal Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Revenue And 7 Ors. Counsel for Petitioner :- Sampurnanand Shukla,Anjani Kumar Dvivedi Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,Acting Chief Justice Hon'ble Saurabh Lavania,J.

¶1Present Public Interest Litigation has been filed for a direction to respondent nos. 2 and 3 to ensure removal of illegal and unauthorized possession of certain persons (respondents 5 to 8) from gata nos.495 and 499 recorded as rasta and gata nos.363 and 366 recorded as pond.

¶2A counter affidavit has been filed on behalf of the State-respondents in which the stand taken is that encroachments from gata nos.495 and 499 have been removed. In respect of gata nos.363 and 367, which are recorded as Talab, the case set up is that the proceedings under section 33/39 of U.P. Land Revenue Act, 1901 were pending.

¶3Counsel for the petitioner submitted that unauthorized occupants, who were earlier dispossessed, have again occupied the Gaon Sabha land.

¶4In respect of gata no.363 as proceedings under section 33/39 of U.P. Land Revenue Act, 1901 are still pending, therefore, no direction can be issued. In respect of other plots in case any fresh encroachment has been made, it is open to the petitioner to apprise the said fact to the State-respondents so that the proceedings in accordance with law are undertaken.

¶5Petition is disposed of accordingly. (Saurabh Lavania,J.) (Manoj Kumar Gupta, A.C.J.) Order Date :- 30.1.2024 akhilesh/ High Court of Judicature at Allahabad, Lucknow Bench