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2018 Supreme(All) 1890

SALIL KUMAR RAI
Arvind Kumar Yadav – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellants :Kamlesh Shrama, Advocate
For the Respondents:C.S.C., Ramesh Chandra Upadhyay and Shiv Kumar Maurya, Advocates.

JUDGMENT :

SALIL KUMAR RAI, J.

1. It has been stated by the learned Standing Counsel that a counter affidavit sworn by Tehsildar, Tehsil Sadar, District-Mau was filed in the office of this Court on 24.7.2018. The said counter affidavit is not on record. However, learned Standing Counsel has handed over the office copy of the aforesaid counter affidavit for perusal of the Court, which is taken on record.

2. The present writ petition has been filed praying for a writ of mandamus commanding respondent Nos. 2 to 4, i.e., District Magistrate, Mau, Sub Divisional Magistrate, Tehsil-Sadar (Maunath Bhanjan), District-Mau and Tehsildar, Tehsil-Sadar (Maunath Bhanjan), District-Mau to remove the alleged encroachments made by respondent Nos. 6 and 7 over Plot No. 1491, which is recorded as play ground in the revenue records and vests in the Gaon Sabha.

3. It transpires from the aforesaid counter affidavit that after due enquiry, certain villagers were found to be in illegal occupation of Plot No. 1491, and therefore, Case Nos. T-201815510104658, T-201815510104659, T-201815510104660, T-201815510104661 and T-201815510104662 under Section 67(1) of Uttar Pradesh Revenue Code, 2006, were registered ag





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