Friday, February 10, 2012

In Other Courts: High court of Allahabad - Virendra And Ors. Vs State Of U.P.

eLegalix - Allahabad High Court Judgment Information System (Judgment/Order in Text Format)


Court No. - 1

Case :- MISC. BENCH No. - 10565 of 2011

Petitioner :- Virendra And Ors. [ P.I.L.] Civil
Respondent :- State Of U.P. Through The Prin. Secy. Govt. Deptt. Revenue
Petitioner Counsel :- S.K.Upadhyaya
Respondent Counsel :- C.S.C.,R.N.Gupta

Hon'ble Pradeep Kant,J.
Hon'ble Surendra Vikram Singh Rathore,J.

The petition contains bald allegations. The parties, who are said to have encroached upon the Gaon Sabha land have also not been impleaded.

The writ petition, therefore, cannot be entertained. However, it is needless to reiterate that if any Gaon Sabha land, may be recorded as Talab, Banjar etc., is encroached upon by any person, it is the duty of the revenue officials to get that encroachment removed and restore the property to Gaon Sabha.

The petitioners' grievance in nutshell is that certain persons have occupied the Gaon Sabha land, allegedly the Talab, for which they rely upon the report of the Lekhpal.

Since  the pleadings  in the  writ petition  are  absolutely  vague  and  the  matter  requires evidence,  we  refrain ourselves from entertaining the writ petition, but dispose of the same with the direction that the District Magistrate shall look into the matter  on a representation being made by the petitioners, and  shall take  necessary effective steps, if it is found that there is any encroachment on the Gaon Sabha land.

Order Date :- 21.10.2011
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