Surendra Tiwari vs State of U. P. - 2023 Supreme(All) 2714

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2714

SAURABH SRIVASTAVA
Surendra Tiwari – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Petitioner: Juned Alam
For the Respondent: C.S.C., Sudhir Bharti

Table of Content
1. allegations of encroachment on public land. (Para 2 , 3 , 4 , 5)
2. opposition based on procedural requirements for encroachment action. (Para 6 , 13 , 14)
3. requirements for action under section 67 of the u.p. revenue code. (Para 7 , 8 , 9 , 10 , 11 , 12 , 15)
4. court directives for further action on encroachment. (Para 16)
5. disposal of the writ petition. (Para 17)

JUDGMENT

Saurabh Srivastava, J.

Heard Shri Juned Alam, learned counsel for the petitioner, Shri Rajesh Kumar Tewari learned Additional Chief Standing counsel for state respondents and Shri Brij Kumar Saroj holding brief of Shri Sudhir Bharti, learned counsel for respondent no.3.

2. Through the instant Public Interest Litigation the petitioner prays for redressal of his grievances arising out of encorachment carried out by respondent nos. 45 to 6. This is the allegation of the petitioner that all the private respondents encroached the land pertaining to pond and public utility lands recorded in the revenue record as 'banjar' against plot no.129 area 0.081 hectare.

3. The encroachment as alleged by the petitioner has been carried out in the shape of permanent construction, opening the drainage over the pu