Writ petition filed to quash a notice requiring removal of railway land encroachment. Court without expressing an opinion on merits directed a joint survey by respondents to measure disputed land within three weeks.
Direction to respondents to undertake a joint survey and measurement of the disputed land within three weeks.
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Court No. - 3 Case :- WRIT - C No. - 11988 of 2023 Petitioner :- Prem Shankar Gupta And Another Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Shailesh Kumar Shukla,Mohan Kumar Singh Counsel for Respondent :- A.S.G.I.,Anurag Sharma,C.S.C.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Anish Kumar Gupta,J.
Heard Shri Shailesh Kumar Shukla, learned counsel for the petitioners and Shri Rajiv Gupta, learned Additional Chief Standing Counsel for the Staterespondent Nos.4 and 5 and Shri Anurag Sharma, learned counsel for respondent Nos.1, 2 and 3.
This writ petition has been filed praying for the following relief;
(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned notice dated 25.03.2023 issued by respondent No.3 against petitioner no.1 (Annexure No.4 to the writ petition).
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to damage or demolish the residential house of the petitioners situated at Araji No.549 area 0.0212 Hectare, village Govindpur, Pargana Kopacheet Sharki, Tehsil Ballia Sadar, District Ballia."
By the impugned notice dated 25.03.2023, respondent No.3 has required the petitioners to remove his Pacca house and shop from the land of the Indian Railways.
Learned Central Standing Counsel and learned Standing Counsel both have produced before us the instructions of the respondent Nos. 3 and 5 respectively.
As per the instructions of the respondent No.3, the encroachment made by the petitioners over the Railways land measuring 303.75 Sq. meters whereas as per instruction of respondent No.5, the petitioners are the owner of Khasra Plot No.549 area 0.053 hectare of village Govindpur, Pargana Kopacheet Sharki, Tehsil Ballia Sadar, District Ballia and they have made encroachment over Railways' land to the extent of 350 Sq.fit.
In view of the aforesaid, without expressing any opinion on merits of the case of the petitioners, we dispose of this writ petition with a direction to respondent Nos.3 and 5 to undertake a joint survey and measurement of the disputed land within three weeks from the presentation of a certified copy of this order. A copy of the joint inspection/measurement report shall also be provided to the petitioners . If on measurements, it is found that the petitioners have encroached over any piece of land of the Indian Railways then the respondent No.3 shall proceed against the petitioners in accordance with law.
Order Date :- 1.5.2023 SFH
Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad
Prem Shankar Gupta And Another
Union Of India
Respondent Nos.4 And 5
Surya Prakash Kesarwani
Anish Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
