Sudarshan Yadav v. State of Up and 12 Others

Court No. - 50

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1269 of 2024

Petitioner :- Sudarshan Yadav Respondent :- State Of Up And 12 Others Counsel for Petitioner :- Pradeep Kumar Chaurasia Counsel for Respondent :- Budhi Sagar Tripathi, Vinay Kumar Mishra,C.S.C.,Sudhir Bharti

Hon'ble Ashutosh Srivastava,J.

A counter affidavit has been filed by Shri Budhi Sagar Tripathi, learned counsel for the respondent no. 5. Earlier a short counter affidavit had been filed by him and in paragraph nos. 3 and 4 of the said counter affidavit details of certain persons were stated to have illegally occupied the Gata No. 42 area 0.3680 Hectare, recorded as pond as also the Gata No. 77 which is recorded as Khalihan.

Today, instructions have been received on behalf of the State respondents, which are taken on record.

A perusal of the instructions reveal that so far as Gata No. 42 area 0.368 Hectare, is concerned it has been mentioned that no encroachment has been found over the aforesaid Gata. So far as the Gata No. 77 area 0.077 Hectare is concerned it is stated that out of the said area an area of 0.010 Hectare has been encroached upon by as many as four encroachers and proceedings against them under Section 67 of the U.P. Revenue Code, 2006 have been initiated.

In the counter affidavit filed by the respondent no. 5 a reference has been made to a demarcation activity carried out by the Sub Divisional Officer on 18.09.2024 and on that basis the averment that both the plots are encroached upon by the persons including the petitioner has been made.