PIL sought removal of encroachment on public land recorded for a girls school in Sultanpur. State reported demarcation done and a suit under Section 134 of U.P. Revenue Code pending; court disposed of the petition directing the SDM to decide that case expeditiously.
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Neutral Citation No. - 2024:AHC-LKO:37106
Court No. - 19
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 396 of 2024 Petitioner :- Reshma And Others Respondent :- State Of U.P. Thru. Prin. Secy., Urban Development, Lucknow And Others Counsel for Petitioner :- Sanjeev Kumar Shukla Counsel for Respondent :- C.S.C.,Mohan Singh
Hon'ble Subhash Vidyarthi,J.
Heard Shri Sanjeev Kumar Shukla, learned counsel for the petitioner, Shri Pankaj Srivastava, learned Additional Chief Standing Counsel and Shri Mohan Singh, learned counsel representing the Gaon Sabha concerned.
By means of the instant writ petition filed in public interest, the petitioner has sought a direction for removal of encroachment made on public utility land bearing gata no.248 having an area of 0.1770 hectare situated at Village- Sakarsi Bharkhar, Pargana-Miranpur Tejsil Lambhua, District-Sultanpur, which is recorded as land for girls school.
On the basis of written instructions provided by the Sub Divisional Magistrate, Lambhua, Sultanpur, learned Additional Chief Standing Counsel has informed the Court that an inspection of the land in question was carried out by a joint team comprising of Naib Tehsildar, Lambhua, Station House Officer, Shivgarh and Block Education Officer, Bhadaiya, Sultanpur on 10.05.2024 in which it was found that some persons have made encroachments on some portion of land bearing gata no.248 having an area of 0.177 hectare. The land was demarcated by the authorities. A suit for removal of encroachment has already been filed under section 134 of U.P. Revenue Code, 2006 which is pending before the S.D.M, Lambhua, Sultanpur.
As the land of girls school has already been demarcated and the proceedings under sections 134 of U.P. Revenue Code, 2006 have been instituted for removal of the encroachments made on the school's land, the writ petition is disposed of with the direction that the proceedings of Case No.T202404680302590, under section 134 of U.P. Revenue Code, shall be decided by the S.D.M. concerned expeditiously, in accordance with law.
Order Date :- 14.5.2024 akhilesh/-
(Subhash Vidyarthi, J.)
Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Should the Court direct expeditious decision of encroachment-removal proceedings on school land already instituted under Section 134 of the U.P. Revenue Code?
1 provisions across 1 enactments
Reshma And Others
State Of U.P. Thru. Prin. Secy., Urban Development, Lucknow And Others
Subhash Vidyarthi
As recorded by the court registry
3 orders share this CNR
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