Court No. - 29

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 172 of

2023

Petitioner :- Digvijay Singh

Respondent :- State Of U.P. And 9 Others

Counsel for Petitioner :- Pawan Kumar Singh Kaushik

Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla

Hon'ble Vikas Budhwar,J.

Heard Sri Pawan Kumar Singh Kaushik learned counsel for the

petitioner as well as learned Standing Counsel who appears to

respondents no. 1 to 6 and Sri Rameshwar Prasad Shukla,

learned counsel for respondent 7. In view of order which is

being proposed to be passed today, notices are not issued to the

respondents 8 to 10.

The grievance of the petitioner is that the Gata No.876, area

0.0570 situate at Village-Sujayat (Kopaghat shakki) Tehsil

Ballia is recorded as old Purani Patti as well as the Gata No.879

Kha admeasuring 0.1300 is recorded as Banjar. It is further

contended that the aforesaid Gatas have been illegally

encroached a pond by respondents 8 to 10.

Prayer made in the writ petition is for taking remedial steps for

getting the said gatas free from alleged encroachment.

Learned Standing Counsel as well as the counsel for the Gaon

Sabha have argued that the grievances of the writ petitioner will

be addressed by the respondent 4/Tehsildar, Tehsil-Sadar,

District Ballia in case he file a comprehensive representative

annexing copy of the application so preferred earlier also.

In view of the categorical submissions of the learned counsel

for the parties the writ petition is disposed off with granting

liberty to the writ petitioner to prefer appropriate application

before the concerned authority empowered under the U.P.

Revenue Code, 2006 and in case the application is filed the

same is decided in accordance with law after hearing the parties

subject to legal impediment within a period of four months

from the date of production of certified copy of this order.

With the aforesaid observations, the writ petition is disposed

off.

Order Date :- 3.2.2023

piyush

Digitally signed by :-

PIYUSH KUMAR

High Court of Judicature at Allahabad