PIL challenging encroachment of PWD land; Court observed dispute is private and directed filing of civil suit or proceedings under U.P. Revenue Code instead, disposing of PIL.
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Court No. - 4
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2265 of 2019
Petitioner :- Gulab Respondent :- State Of U.P. And 15 Others Counsel for Petitioner :- Mata Achal Mishra Counsel for Respondent :- C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioner and learned standing counsel for the respondents.
The instant PIL has been filed by the petitioner with the following prayer :
(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent nos. 1 to 4 to restore the status of the land of PWD situated in plot no. 367 having an area of 1.0370 hectare situated in Village Latifpur (Khairagarh), Tehsil Koraon, District Allahabad after eviction of the respondent nos. 5 to 16 and other illegal occupants from the land of PWD situated in Plot No. 367 having an area of 1.0370 hectare situated in Village Latifpur (Khairagarh), Tehsil Koraon, District Allahabad.
(ii) Issue any suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case to meet the ends of justice.
The grievance of the petitioner appears to be that there is a land which is recorded as public road and which has been encroached by the respondent nos. 5 to 16. The dispute between the petitioner and the respondent nos. 5 to 16 is one of private nature and for getting the same settled, the appropriate forum available to the petitioner is either to file a civil suit or take appropriate proceedings under the U.P. Revenue Code, 2006. However, since in this case the petitioner has already filed representation for redressal of his grievance, the same shall be considered by the authority concerned.
In view of the above, PIL stands disposed of accordingly.
Order Date :- 13.12.2019 SA
Gulab
State Of U.P.
Bala Krishna Narayana
Shamim Ahmed
As recorded by the court registry
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