The High Court disposed of a PIL seeking removal of encroachment on pond land, directing the petitioner to file an application under Section 67 of the U.P. Revenue Code instead of seeking mandamus directly.
Direction to petitioner to move application under Section 67 of U.P. Revenue Code within two weeks.
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Neutral Citation No. - 2024:AHC:118738
Court No. - 50
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1236 of 2024
Petitioner :- Sarvar Husain Respondent :- State Of Up And 12 Others Counsel for Petitioner :- Anil Kumar,Jai Prakash Prasad,Savan Kumar Counsel for Respondent :- Azad Rai,C.S.C.
Hon'ble Ashutosh Srivastava,J.
"(i) to issue a writ, order or direction in the nature of mandamus commanding the respondent authority to remove the illegal encroachment of the respondent Nos. 5 to 13 over the Plot No. 384 area about 0.8100 hectare recorded as Pond (Talab) in the revenue record situated at village Berethi, Pargana Mah, Tehsil Handia, Prayagraj."
Order Date :- 25.7.2024 Ravi Prakash
(Ashutosh Srivastava, J.)
Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioner must pursue alternative remedy under Section 67 of U.P. Revenue Code for encroachment on pond land.
Colour shows how this judgement treated each authority
Jahar Singh v. State of U.P.Referred¶9
Jahar Singh v. State of U.P. reported in 2017(4) ADJ 619
Kanhaiya Lal Vs. State of U.P. and othersReferred¶9
Kanhaiya Lal Vs. State of U.P. and others reported in 2023 (12) ADJ 226
1 provisions across 1 enactments
Sarvar Husain
State Of Up And 12 Others
Ashutosh Srivastava
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
