A PIL petitioner challenged the construction of a water tank and panchayat bhawan on land recorded as pond and bhita. The respondent argued the construction served public interest. The Court held no interference was required and dismissed the petition.
No relief granted; petition dismissed.
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Court No. - 51
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2624 of 2023
Petitioner :- Smt. Sanjana Singh Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Surya Prakash Pathak,Chandra Prakash Pathak,Dinesh Kumar,Jawahar Lal Dubey
Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Chandra Kumar Rai,J.
"(a) Issue a writ order or direction into the nature of mandamus by directing the respondent no. 2&3 to take action against the respondent no.6 by removing illegal encroachment from Arazi No. 302 which is registered in revenue records as "Pond" and Arazi No.307 which is registered in revenue records as "Bhita" situated in VIllage- Hilali, ParganaGadwara, tehsilBadlapur, DistirctJaunpur.
(b) Issue a writ order or direction into the nature of mandamus commanding the respondent no.6 that he vacate the Arazi Nos. 302&307, which are recorded in revenue record as "Pond and Bhita", to meet the ends of justice.
(c) Issue a writ order or direction in the nature of mandamus commanding the concerned respondents to demark between the Arazi No.306 (allotted for Panchayat Bhawan) & Arazi No.307 (allotted for Bhita).
(d) Issue a writ order or direction in the nature of mandamus commanding the concerned respondents to take proper action against the Gram Pradhan for misusing the government money.
(e) Issue any other writ, order or direction in favour of the petitioner, which the Hon'ble Court may deem fit and proper in the circumstances of the case.
(f) Award the costs of petition to the petitioner."
0.012 hect. is reserved for panchayat bhawan over which panchayat bhawan has already been constructed. He further submitted that plot no. 307, area 0.020 hect. is reserved for bhita and some area of panchayat bhawan is also lying over the bhitta land. He further submitted that the sitting Pradhan has not encroached plot nos. 302, 306 & 307 which are public utility land and the water tank as well as the panchayat bhawan have been constructed over the plot in the public interest.
Order Date :- 6.12.2023 C.Prakash
Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the Court should issue writ directions regarding alleged encroachment on government land for public utilities.
Whether the Government Gaon Sabha can construct water tank and panchayat bhawan on land recorded as pond and bhita.
Smt. Sanjana Singh
State Of U.P.
Chandra Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
