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PRITINKER DIWAKER, ASHUTOSH SRIVASTAVA
Anoop Kumar Mishra – Appellant
Versus
State of U. P. – Respondent
Key Points: - The petitioner sought a writ of mandamus to demolish encroachments on plots recorded in the name of Railways and remove encroachments (!) (!) . - The Court directed Railways Administration, local administration, and State Government to initiate action against encroachers and officials for allowing encroachment, conduct an enquiry into land boundary verification, and ensure no new encroachments on cleared areas (!) (!) (!) (!) . - The Court mandated notices to occupants to vacate within three weeks and, if not vacated, to take forcible eviction with police assistance; initiate civil/criminal action; and ensure proper reporting and follow-up in the land boundaries verification register (!) (!) (!) (!) . - The judgment references adherence to Railway Establishment procedures including the IRWM provisions for land boundaries verification and encroachment removal (sections 813-814) and PPE Act considerations (!) (!) (!) (!) (!) (!) (!) . - The writ petition is disposed of with the above directions to prevent further encroachment and to address existing encroachments (!) (!) (!) .
JUDGMENT :
1. The writ petitioner, who claims to be a resident of village Puresoordas, Pargana Jhunsi, Tehsil Phoolpur, District Allahabad (Prayagraj) has approached this Court seeking issuance of a writ of mandamus commanding the respondents to demolish the constructions over the Plot No. 752 and other plots detailed in para 7 of the writ petition totaling 13 in number and having area 13.875 hectares stated to be recorded in the name of Railways and remove the encroachment from the plots in question.
2. We have heard the counsels for the parties at length and have also perused the record.
3. The counsel for the petitioner has filed documents to establish that the plots are the properties of the Railways. The photographs brought on record depict the extent of the encroachment over the Railway land.
4. It is contended by the counsel for the petitioner that land belonging to the Indian Railways has been encroached upon a fact which is known to the officials of the Indian Railways and yet no action has been taken by them to remove the said encroachers.
5. This Court perceives encroachm
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