The petitioner sought a mandamus to remove an alleged illegal encroachment over Arazi No.1047. The respondent state produced instructions confirming no encroachment occurred and the land is used by villagers, negating the cause of action.
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Neutral Citation No. - 2023:AHC:209159
Court No. - 52
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1983 of 2023
Petitioner :- Kunwar Subhash Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Monu Upadhyay Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Saurabh Srivastava,J.
Order Date :- 1.11.2023 Vivek Kr.
Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether a direction to remove an alleged encroachment can be issued when no encroachment exists.
Whether cause of action exists to pursue the PIL.
Kunwar Subhash Singh
State Of U.P.
Saurabh Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
