This PIL petition seeks a writ of mandamus to remove encroachment on state land. The Court, hearing the matter, directed the State to obtain instructions within ten days and submitted a report within 14 days under threat of serious action.
Direction to frame within 14 days a report regarding the removal of encroachment.
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Neutral Citation No. - 2024:AHC:190455
Court No. - 49
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1306 of 2024
Petitioner :- Sheetal Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Sinhasan Ram Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
This Court has passed the following order on 23.07.2024 :-
"Heard Shri Shivendra Kumar Singh, Advocate, under the authority of Shri Sinhasan Ram, learned counsel for the petitioner and learned Standing Counsel representing the State respondents. Shri Bhupendra Kumar Tripathi, learned counsel, has accepted notice on behalf of the respondent no. 5.
The writ PIL has been filed for issuance of a writ of mandamus commanding the respondents to take necessary action to remove the encroachment made by the private respondent nos. 6 to 8 over Arazi No. 112 Sa, area 0.827 Hectare, recorded as Khalihan, situate in Village Mohiddinpur, Pargana Jahoorabad, Tehsil-Kasmabad, District-Ghazipur.
Learned counsel for the petitioner at the very outset submits that he had already approached the Sub Divisional Officer, concerned, by way of a representation dated 18.06.2024 on which the Sub Divisional Officer has called for a report under the order dated 21.06.2024. However, no further progress has been made.
Learned Standing Counsel may obtain instructions in the matter within ten days and apprise the Court about the progress in the matter.
List this case, as fresh, on 5th August, 2024. "
Learned Standing Counsel for State submits that he has not received instruction.
In the aforesaid circumstances, it is directed that if report is not submitted within 14 days and petitioner remained constrained to approach this Court, the action of concerned respondent will be considered seriously.
In the aforesaid circumstances, this petition is disposed of with an observation that report be submitted within a short period and if necessary, an action be taken on it.
Order Date :- 4.12.2024/P. Pandey
Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad
2 issues framed by the court
Whether the respondents are bound to take action to remove encroachment over state land.
Whether the respondents are staying within 14 days for submission of report.
Sheetal
State Of U.P.
Saurabh Shyam Shamshery
As recorded by the court registry
4 orders share this CNR
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