Dilip Kumar Chaudhary v. State of U.P. and 5 Others

Court No. - 52 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1999 of 2023 Petitioner :- Dilip Kumar Chaudhary Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Alok Singh,Phool Chandra Singh,Sumitra Singh Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta Hon'ble Saurabh Srivastava,J.

¶1Heard Mr. Alok Singh, learned counsel for the petitioner, Mr. Pankaj Kumar Gupta, Counsel for respondent no.5, Gram Sabha and learned Standing Counsel for the State-respondents.

¶2The instant public interest litigation has been filed for the following relief:- " Issue a writ order or direction in the nature of mandamus directing the respondent nos. 2/3 to decide the representation of the petitioner dated

30.5.2023 and remove the encroachment of respondent no.6 on water covered land (pond) Araji No. 332 area 0.3880 hectare sitauted in Village and post Patila, Gram Panchayat-Patila, Tappa-Burhi, Pargana Bansi Pashchhim, Tehsil-Etwa, District Siddharth Nagar."

¶3Learned counsel for the petitioner submitted that plot No. 332 recorded as pond in the revenue records and respondent no.6 is in illegal occupation over the same.

¶4Mr. Pankaj Kumar Gupta, Counsel for respondent-Gaon Sabha submitted that proceeding under Section 67 of the U.P. Revenue Code, 2006 has already been registered against respondent no.6 as case No. T202217630301501, Report Vs. Mainuddin @ Majanu. He further placed the copy of the order dated 28.8.2023 passed by this Court in PIL No. 1732 of 2023 in which already this Court has passed the order for expeditious disposal of aforementioned case.

¶5In view of the order dated 28.8.2023 passed by this Court, no further order is required.

¶6The instant public interest litigation is accordingly disposed of. Order Date :- 2.11.2023/Vivek Kr. High Court of Judicature at Allahabad