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2011 Supreme(All) 3226

SYED RAFAT ALAM, RAN VIJAI SINGH
RAMA SHANKAR – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Bijendra Kumar Mishra and R.K. Ojha for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

By the Court.—In the instant petition, filed as public interest litigation, the petitioner has invoked the writ jurisdiction of this Court on the allegation that respondent Nos. 4 and 5 have encroached upon the Gaon Sabha property and inspite of several efforts made by the petitioner before the administrative authorities including the District Magistrate and the Commissioner of the concerned Division, no steps have been taken to remove the encroachment from the land in dispute. The petitioner, therefore, has made prayer for issuance of a writ of mandamus directing respondent Nos. 1 to 4 for removal of the encroachment made over the Gaon Sabha property.

2. Learned counsel for the petitioner vehemently contended that the respondent authorities, despite various complaints made by the petitioner alongwith the villagers of the village in question, failed to take any steps for removal of the encroachment made over the public property. He pointed out from the petition that detailed representations/complaints were filed by the petitioner alongwith villagers before the District Magistrate, Mau and the Commissioner, Azamgarh Division, Azamgarh, copies whereof are enclosed as Annexure







































































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