Court No. - 6

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1940 of 2021

Petitioner :- Anil Pandey

Respondent :- State Of U.P. And 8 Others

Counsel for Petitioner :- Raj Kumar Kesari,Neeraj Tripathi

Counsel for Respondent :- C.S.C.,Azad Rai

Hon'ble Vikas Budhwar,J.

The present petition is a public interest litigation purporting to

be under Article 226 of the Constitution of India, seeking

following reliefs: -

"(i) A writ order or direction in the nature of Mandamus

directing the respondent concerned to remove the

encroachment from Khasra no.719, area 0.0410 hectare,

situated at village Handia, Block-Manda Khas, Tehsil-Meja,

District Prayagraj, which is entered as Garhi / Jal Magn

Bhumi in the revenue record.

(ii) A writ, order or direction in the nature of Mandamus

directing the respondent authorities to restore the entire portion

of Khasra no.719, area 0.0410 hectare, situated at village

Handia, Block-Manda Khas, Tehsil-Meja, District Prayagraj,

which is entered as Garhi / Jal Magn Bhumi in the revenue

record.

(iii) A writ, order or direction in the nature of Mandamus

directing the respondent no.4 to decide Case No. 1485 of 2019,

Gaon Sabha vs. Kailash, Case No. 1479 of 2019, Gaon Sabha

vs. Avinash Tripathi, Case No. 1481 of 2019, Gaon Sabha vs.

Amresh Tripathi and Case No. 1483 of 2019, Gaon Sabha vs.

Awadhesh Tripathi, pending in the Court of Tehsildar, Tehsil-

Meja, District- Prayagraj, which is pending in the court of

Tehsildar, Tehsil- Meja, District Prayagraj.

(iv) A writ, order or direction in the nature of which this

Hon'ble court may deem fit and proper under the circumstances

of the case.

(v) Award cost to the humble petitioner throughout of the

present writ petition."

Briefly stated facts shorn off unnecessary details are that Khasra

no. 719 ad-measuring area 0.0910 hectare situated in village

Handia, Tehsil- Meja, District Prayagraj, recorded as Garhi/ Jal

Magn Bhumi.

The petitioner before this Court is espousing the case of general

public and in particular the residents of the said village, who are

aggrieved against the alleged illegal encroachment, so made by

respondent nos. 6 to 9.

The learned counsel for the petitioner has invited the attention

of this Court towards Annexure-1 to the writ petition being

Khatauni for the village Handia, Tehsil-Meja, District Prayagraj

for the Fasli year 1425-1430, wherein the land being Khasra no.

719, area 0.0910 hectare, recorded as Garhi/ Jal Magn.

Learned counsel for the petitioner had urged that the

proceedings purported to be under Section 67 of the Uttar

Pradesh Revenue Code, 2006 initiated by respondent no.4,

which has been numbered as under: -

Case No. 1485 of 2019, Gaon Sabha vs. Akhilesh

Case No. 1479 of 2019, Gaon Sabha vs. Avinash Tripathi

Case No. 1481 of 2019, Gaon Sabha vs. Amresh Tripathi

Case No. 1483 of 2019, Gaon Sabha vs. Awadhesh Tripathi

In nutshell, the argument of the petitioner is that the land in

question has been recorded as Garhi/ Jal Magn and it is also

within the knowledge of the private respondents that the State

respondents are perpetuating the illegality as they are not

removing the encroachment sought to be made by respondent

nos. 6 to 9.

Heard Sri Raj Kumar, learned counsel for the petitioner, Sri

Azad Rai, appearing for respondent nos. 5 and Sri Manoj

Srivastava, learned Standing Counsel appearing for Respondent

nos. 1, 2, 3 and 4.

In view of the order proposed to be passed today, there is no

need to issue notices to respondent nos. 6 to 9.

Learned Standing Counsel in his fairness has produced before

this Court the instructions dated 4.10.2021 sent by respondent

no.3.

The instructions so produced by learned Standing Counsel are

taken on record.

It is an undisputed position between the parties that the land in

question being Khasra No. 719, ad-measuring area 0.0910

hectare situated in village Handia, Tehsil- Meja, District

Prayagr