Writ petition filed for removal of encroachment over specific plots alleged to be Gaon Sabha property. Court found petitioner failed to prove ownership of the plots to Gram Sabha despite submission of Khataunis. Petition dismissed as wholly misconceived.
None. Writ petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 7
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3809 of 2018
Petitioner :- Ram Murti Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Ganesh Shankar Dubey,Sarvendra Dwivedi Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the petitioner and the learned standing counsel for the State-respondents.
This writ petition has been filed praying for the following relief:
"I. issue a writ, order or direction in the nature of mandamus commanding and directing the respondent nos. 2 to 4 to get the encroachment remove over the plot No.240, Area 0.3390 hectare, Plot No. 25, Area 0.2140 hectare, plot No.26, Area 0.1670 hectare, plot No.63Kha, Area 0.0320 hectare situated in village Adideeh, (Nagar Paschim) Post Kaudi Kole, P.S. Kaptanganj, District Basti which is a Gaon Sabha/Public utility and is a public way fom respondents No.6 to 12.
II. issue a writ, order or direction in the nature of mandamus commanding and directing the respondent No.2 to decide and pass order upon the representation of the petitioner dated 18.8.2017 within stipulated period of time at an early date as may be fixed by this Hon'ble Court.
III. issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
IV. Award the cost of the writ petition to the petitioner."
Despite being asked, learned counsel for the petitioner could not demonstrate with the help of the copies of Khataunis filed as Annexure-1, that the plot numbers mentioned in the prayer clause, belong to Gram Sabha.
In view of the aforesaid, this writ petition is wholly misconceived and, therefore, it is dismissed.
Order Date :- 7.6.2018 Ak/
1 issue framed by the court
Whether the petitioners failed to demonstrate ownership of the plots to Gram Sabha under Article 226.
Ram Murti
State Of U.P.
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
