The court disposed of a PIL seeking mandate to vacate alleged encroached land. Based on submitted instruction confirming the land is free from encroachment, the court held no cause of action survived and dismissed the suit.
No relief granted; the petition was disposed of.
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Neutral Citation No. - 2023:AHC:235752
Court No. - 51
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2344 of 2023
Petitioner :- Seraj Ahmad Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Nagendra Pratap Singh Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Chandra Kumar Rai,J.
"i. issue, a writ, order or direction in the nature of mandamus directing the authority concerned to get vacate the land of Gaon Sabha from encroachment recorded as "Chak Marg" Arazi No.159 area 0.0230 Hectare and Arazi No.165 area 0.0190 Hectare situated at Village- Pahalwakpur, Masudpur, Pargana Shadiabad, Tahsil- Jakhaniya, District- Ghazipur."
"1. Heard Mr. Nagendra Pratap Singh, learned counsel for the petitioner, Mr. Ravi Singh Parihar, learned Standing Counsel for the State-respondents and Mr. Bhupendra Kumar Tripathi, learned counsel for respondent- Gaon Sabha.
2. Learned Standing Counsel has placed the instruction dated 27.11.2023 before the Court, which is taken on record.
3. Learned Standing Counsel on the basis of instruction dated 27.11.2023 submitted that the plot nos.159 and 165 are recorded as Sector Marg / Chakmarg in the revenue records. He further submitted that demarcation of the aforementioned plots has taken place in presence of the petitioner as well as other villagers of the village and it has been found that the aforementioned plots are free from encroachment. He next submitted that spot memo prepared by the authorities has been signed by the petitioner also, as such, no interference in required in the matter.
4. Learned counsel for the petitioner is disputing the facts mentioned in the instruction dated 27.11.2023.
5. Learned counsel for the petitioner shall file reply to the instruction dated 27.11.2023 within two weeks.
6. Put up this case as fresh on 13.12.2023.
7. Learned Standing Counsel shall serve the copy of the instruction dated 27.11.2023 upon learned counsel for the petitioner during course of the day."
Order Date :- 13.12.2023 Rameez
Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad
2 issues framed by the court
Whether a cause of action survives when official instruction confirms the land is free from encroachment.
Whether a writ of mandamus can be granted for vacating land found to have no encroachment.
Seraj Ahmad
State Of U.P.
Gaon Sabha
Chandra Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
