PIL sought mandamus to remove encroachments on village playground and common lands in Ghazipur. The court declined to entertain it as the petitioner had an alternative remedy under Section 67 of the UP Revenue Code, 2006, and disposed of the petition with directions.
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Neutral Citation No. - 2024:AHC:112545
Court No. - 50
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1130 of 2024 Petitioner :- Ramvriksh Respondent :- State Of Up And 8 Others Counsel for Petitioner :- Vinod Mishra Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.
Hon'ble Ashutosh Srivastava,J.
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to remove the illegal encroachment made by the private respondent Nos. 5 to 9 over the land in dispute of Arazi No. 223 area 0.0510 Hectare recorded as Playground, Arazi No. 224 area 0.1080 Hectare, Arazi No. 226 area 0.0210 Hectare recorded as Khalihan, Arazi No. 225 area 0.0060 Hectare, Arazi No. 228 area 0.0190 Hectare recorded as Manurepits and Arazi No. 176 area 0.0140 Hectare recorded as surrounded-path (Chautarfa-Marg) in the revenue record, situate in village Mainpur, Pargana & Tehsil-Saidpur, District-Ghazipur, within the stipulated period as fixed by this Court."
Order Date :- 15.7.2024 Deepak/
Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether a PIL seeking removal of encroachment over gram sabha land should be entertained despite an alternative remedy under Section 67 of the UP Revenue Code, 2006.
Colour shows how this judgement treated each authority
Jahar Singh v. State of U.P.Relied on
2017(4) ADJ 619
Kanhaiya Lal v. State of U.P. and othersRelied on
2023 (12) ADJ 226
1 provisions across 1 enactments
Ramvriksh
State Of Up
Respondent Nos. 5 to 9 (private respondents)
Ashutosh Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
