Allahabad High Court in Sri Chandra vs. State of UP & Ors. [19.03.2021]

HIGH COURT OF JUDICATURE AT ALLAHABAD 

Court No. - 10 

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 530 of 2021 

Petitioner :- Sri Chandra 

Respondent :- State Of U.P. And 12 Others 

Counsel for Petitioner :- Vishesh Kumar 

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

Hon'ble Prakash Padia,J.

Heard learned counsel for petitioner, learned Standing Counsel for respondent Nos.1 to 3 and Mr. Azad Rai, counsel for the respondent no.5.

The petitioner has preferred the present Public Interest Litigation inter-alia with the following prayers:-

"i) to issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 and 3 to remove the illegal encroachment made by the private respondent no.7 to 13 over the land reserved for public utility purpose as manure pit (khadd-ka-gadda) situated at gata no.1382M having total area of 2 biswa in village Saiyara Meethepur, Tehsil Sirathu, District Kaushambi

ii) to issue a writ, order or direction in the nature of mandamus commanding the respondents no. 2 to 3 to demarcate the land reserved for public utility purpose as manure pit (khadda-ka-gadda) situated at gata no.1382M having total area of 2 biswa in village Saiyara Meethepur, Tehsil Sirathu, District Kaushambi."

It is argued by counsel for the petitioner that the illegal constructions were made over the property in dispute by the private respondents in connivance with the respondents no. 4, 5 and 6 namely Ansar Ahmad (Kanungoo), Katkey Devi(Pradhan) and Manoj Gupta (Halka Lekhpal).

In view of the same, a prayer has been made to direct the Collector, Kaushambi to initiate proceedings in the matter by comprising committee of some other officers except respondents no.4 to 6.

In view of the same, in case petitioner is aggrieved in this regard, he is permitted to raise all the submissions before the respondent no.2/Collector, District Kaushambi along-with certified copy of this order within two weeks. If such an application is filed, the respondent no.2 is directed to look into the matter personally and initiate the proceedings as per law laid down by the Supreme Court in the case of Jagpal Singh and others Vs. State of Punjab and others reported in AIR 2011 SC 1132 as well as in terms of the circular issued on 4th October, 2012 by the State Government with the help of independent local authorities.

With the aforesaid directions, the present Public Interest Litigation is disposed of.

Order Date :- 19.3.2021