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2023 Supreme(All) 2218

CHANDRA KUMAR RAI
Vijay Shankar Rai – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Petitioner:Mahesh Chandra Rai, Kavindra Singh, Pankaj Kumar Rai, Advocates.
For the Respondent: C.S.C., Bhupendra Kumar Tripathi, Kalp Nath Rai, Manoj Kumar Yadav.

JUDGMENT

Chandra Kumar Rai, J.

Heard Mr. Pankaj Kumar Rai, Counsel for the petitioner, Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the Staterespondents, Mr. Kalpnath Rai for respondent nos. 6 to 9 and Mr. Bhupendra Kumar Tripathi for respondent no. 10, Gram Sabha.

2. The instant public interest litigation has been filed for the following relief:-

    "Issue a writ, order or direction in the nature of mandamus directing the respondent no.2, District Magistrate, District- Ghazipur to decide the representation dated 26.11.2018 which is sent by the petitioner to District Magistrate, District- Ghazipur regarding the eviction of the respondent nos. 6 to 9 from the Arazi No. 728, 780 which is situated in Village Kathut, Tehsil Mohammadabad, District- Ghazipur which is registered as pond in revenue record which has been illegally occupied by the respondent nos. 6 to 9 which is pending before him, within stipulated period."

3. This Court has directed the learned Standing Counsel for State as well as learned Counsel for the Gaon Sabha to file counter-affidavit. The State as well as the private-respondents have filed their counter-affidavit but no counter-affidavit has been f

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