Neutral Citation No. - 2023:AHC:117786

Court No. - 9

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1057 of

2023

Petitioner :- Chandrajit Dubey

Respondent :- State Of U.P. And 5 Others

Counsel for Petitioner :- Shashi Shekhar Mishra,Arvind Kumar

Upadhyay

Counsel for Respondent :- C.S.C.,Abhay Kumar

Singh,Bhupendra Kumar Tripathi,P.K. Upadhyay

Hon'ble Alok Mathur,J.

1. Heard Sri Arvind Kumar Upadhyay, learned counsel for

petitioner as well as learned Standing Counsel for respondent Nos.

1 to 4 and Sri P.K. Upadhyay, learned counsel for respondent No. 6

who has filed a counter affidavit which is taken on record.

2. By means of the present writ petition, the petitioner has sought

a writ, order in the nature of writ of mandamus commanding the

respondent No. 4/Assistant Collector-Tehsildar, Tehsil-Raja Talab,

District - Varanasi to remove the illegal encroachment made by

respondent No. 6 under Section 67 of U.P. Revenue Code, 2006.

3. It has been submitted by learned counsel for petitioner that in

this regard petitioner has already moved an application before the

Sub-Divisional Magistrate, Raja Talab, Varanasi for removal of the

illegal encroachment of the Gaon Sabha