PIL seeking removal of encroachment over Gram Sabha land (Gata No. 391, recorded as Mandir). SDM instructions reported no encroachment or construction. Court found no merit and disposed of the PIL, leaving the petitioner free to apply under Section 67 of the U.P. Revenue Code, 2006.
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Neutral Citation No. - 2024:AHC:130779
Court No. - 49
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1309 of 2024
Petitioner :- Fulchandra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Giri,Surendra Kumar Counsel for Respondent :- Achal Singh,C.S.C.
Hon'ble Dinesh Pathak,J.
"(a) issue a writ order or direction in the nature of mandamus commanding/directing the respondent No.2 and 3 to remove encroachment over Gram Sabha land Gata No. 391 recorded as Mandir Situated at Gram Sabha Fatanpur."
"Heard Shri Ajay Kumar Giri, learned counsel for the petitioner and learned Standing Counsel representing the State respondents. Shri Achal Singh, learned counsel, has accepted notice on behalf of the respondent no. 4.
The writ PIL has been filed for issuance of a writ of mandamus commanding the respondent nos. 2 and 3 to remove the encroachment from Gram Sabha land over Gata No. 391, recorded as Mandir, Situate at Gram Sabha Patanpur.
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 10.06.2024 on which the Sub Divisional Magistrate on the same day has called for a report from the Revenue Inspector after completing the inquiry. However, no further progress has been made.
Learned Standing Counsel may obtain instructions in the matter within two weeks and apprise the Court about the progress sin the matter.
List this case, as fresh, on 12th August, 2024."
In pursuance of the aforesaid order dated 23.07.2024, learned Standing Counsel has filed a copy of instructions dated 09.08.2024, duly signed by Sub-Divisional Magistrate, Hamirpur, which is taken on record. Learned Standing Counsel, on the basis of instructions, has contended that area of Plot No. 391 measuring 0.040 hectare is complete on spot and no illegal
encroachment has been found over there. It is further contended that no construction exists over the land recorded in the name of temple.
Order Date :- 12.8.2024 Sumit K.
Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether a mandamus should be issued to remove alleged encroachment over Gram Sabha land, Gata No. 391, recorded as Mandir.
1 provisions across 1 enactments
Fulchandra
State Of U.P.
Respondent No. 4
Dinesh Pathak
As recorded by the court registry
2 orders share this CNR
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