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2025 Supreme(All) 3460

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Praveen Kumar Giri
Manoj Kumar Singh – Appellant
Versus
State of U.P. – Respondent


Advocates Appeared:
For the Petitioner: Ashish Kumar Pandey, Bhriguram Ji, Deo Brat Pandey
For the Respondent: C.S.C., Pradeep Singh

JUDGMENT :

Praveen Kumar Giri, J.

1. Heard learned counsel appearing on behalf of the petitioner, Sri Pradeep Singh, learned counsel for the Bhumi Prabandhak Samiti and Sri Girjesh Kumar Tripathi, learned Additional Chief Standing Counsel for State respondent.

2. This present Public Interest Litigation (PIL) has been filed with the following prayers :-

"1. Issue, a writ order direction in the nature of mandamus commanding to the respondents to remove the illegal encroachment of the private respondent from the public utility land Gata No.-48 area 0.177 Hec., Gata No.-51 area 0.101 Hec. and also Gata No. 53 area 0.114 Hec which is recorded as a Babali in the revenue record of Vill - Chauka, Pargana -Bhuieli, Tehsil - Chunar, Dist - Mirzapur.

2. Issue, a writ order directing in the nature of mandamus commanding to the respondent No.3 to decide the representation date 22.07.2024 (Annexure No.3) within a stipulated period."

3. Learned counsel for the petitioner submits that pond (babali) has been encroached by some villagers and no action has been taken under Section 67 of the Uttar Pradesh Revenue Code, 2006 (for short 'Revenue Code') for removal of the encroachment.

4. During the course of a

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