Moti Lal Yadav Advocate v. State of U.P.Throu Its Secy. Deptt.Of Housing and Urban and Ors

Court No. - 7 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 7145 of 2012 Petitioner :- Moti Lal Yadav Advocate Respondent :- State Of U.P.Throu Its Secy. Deptt.Of Housing And Urban And Ors Counsel for Petitioner :- M.L.Yadav Inperson Counsel for Respondent :- C.S.C.,Gaurav Mehrotra,Mukund Tiwari Hon'ble Manoj Kumar Gupta,Acting Chief Justice Hon'ble Saurabh Lavania,J.

¶1The instant petition, filed purportedly in public interest, is for issuance of direction to respondents to get vacated the pond land and Shamshan Ghat from unauthorized occupants.

¶2An affidavit has been filed on behalf of respondent nos. 5 and 7 on 14.11.2022 stating that the allegation in the writ petition that Rapti Apartment and Hestia Apartment are built over Khasra Nos. 87 and 88 which are recorded as pond in the revenue record is absolutely incorrect. There are no such constructions existing over the plots. It is further stated that the allegations in relation to constructions over Khasra Nos. 93, 95, 96 and 97 are false. Similar denial has been made in respect of other Khasra numbers.

¶3The petitioner has not filed any reply to the said affidavit nor any evidence to establish that any illegal structure is in existence over the aforesaid plots.

¶4Consequently, we are not inclined to examine the issues sought to be raised in the instant petition any further.

¶5The instant petition is, accordingly, dismissed.

¶6We, however, clarify that dismissal of the petition shall not be construed as a decision in favour of any person who might be found in illegal possession of any of the aforesaid plots, in case, such issue arises, in any duly constituted proceedings. (Saurabh Lavania, J) (Manoj Kumar Gupta, ACJ) Order Date :- 30.1.2024 RK High Court of Judicature at Allahabad, Lucknow Bench