Court No. - 6

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1945 of 2021

Petitioner :- Yogendra Yadav

Respondent :- State Of U P And 14 Others

Counsel for Petitioner :- Manoj Yadav

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

Hon'ble Vikas Budhwar,J.

Heard Sri Manoj Yadav, learned counsel for the petitioner, Sri Rameshwar

Prasad Shukla who appears for respondent no. 5 and Sri J.P. Singh, learned

Standing Counsel , who appears for respondent nos. 1 to 4.

In view of the order proposed to be passed there is no need to issue notice to

respondent nos. 6 to 15.

By means of the present writ petition the petitioner has sought the following

reliefs:-

a. Issue a writ, order or direction in the nature of mandamus commanding

directing the respondent authority/Tehsildar, Tehsil Belthara Road, District

Ballia/respondent no 4 to remove the illegal encroachment made by the

respondent nos. 6 to 15 over the Arazi No. 349M area 0.1250 hectare and Arazi

No. 368 area 0.1090 hectare which is recorded as Chakroad in revenue record

situated at Village Shahpur Afga, Post Telma, Pargana Sikandarpur Garvi,

Tehsil-Belthara Road, District Ballia.

b. Issue a writ, order or direction in the nature of mandamus commanding the

respondent authority to consider and decide the representations of the petitioner

and take appropriate action according to law within stipulated period.

c. Issue any other writ, order or direction as this Hon'ble Court deems fit and

proper in the circumstances of the case.

d. Award the costs of the writ petition in favour of the petitioner.

Briefly stated facts shorn of unnecessary details are that the Arazi No. 349M

admeasuring area 0.1250 hectare and Arazi No. 368 admeasuring area 0.1090

hectare is recorded as Chakroad in the revenue record as apparent from the

Khatauni bearing village no. 197830 Village Shahpur Afga, Post Telma, Pargana

Sikandarpur Garvi, Tehsil-Belthara Road, District Ballia. According to the

petitioner, the aforesaid Arazis have illegally encroached by the respondent nos.

6 to 15 who happens to be the musclemen having political resources. In

paragraph no. 6 of the writ petition the petitioner has further alleged that the

respondent no. 9 has constructed boundary wall on the aforesaid Chakroad on

account whereof the petitioner along with many villagers are suffering due to

illegal encroachment of the Chakroad which is reserved for public benefit and

connected to main road. In a nutshell, the argument of learned counsel for the

petitioner is that by means of the present Public Interest Litigation, the petitioner

is apprising this Court that this is a case of the general public and the petitioner

is a responsible person of the village who is suffering on account of illegal

encroachment of the Chakroad. The learned counsel for the petitioner has drawn

the attention of this Court towards the complaint bearing Complaint No.

41019318001110 which is filed by the petitioner alleging therein that

encroachment was being made in Arazi No. 368 admeasuring area 0.1090

hectare situated at Village Shahpur Afga, Post Telma, Pargana Sikandarpur

Garvi, Tehsil-Belthara Road, District Ballia. The petitioner has further argued

that despite the fact that he has preferred a representation/complaint before the

official respondent, no action has been taken by the official concerned till date

with regard to illegal encroachment. The petitioner has also drawn the attention

of the Court towards the annexure-2 of the writ petition another complaint was

filed by the petitioner on 11.06.2020 before the respondent no. 4-Tehsildar

Belthara Road, District Ballia as well as the complaint before respondent no. 3-

Sub Divisional Magistrate, Belthara Road, Ballia dated 22.07.2021 as well as

complaint dated 13.08.2021 lodged before the respondent no. 2- District

Magistrate, Ballia.

Sri J.P. Singh, learned Standing Counsel who appears for respondent no. 1 ha