Allahabad High Court
Hira Sahani vs State Of U P And 10 Others on 25 August, 2021
Bench: Dinesh Pathak
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 203 of 2021
Petitioner :- Hira Sahani
Respondent :- State Of U P And 10 Others
Counsel for Petitioner :- Sanjay Mani Tripathi
Counsel for Respondent :- C.S.C.,Sachida Nand Tripathi,Sunil Kumar Singh
Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner, learned Standing Counsel representing the respondent nos.1 to 4 and learned counsel for the respondent no.5-Gaon Sabha and perused the record.
At the very outset, learned Standing Counsel has filed a copy of the instructions dated 20.02.2021, which is taken on the record.
Present writ petition has been filed by the petitioner in the nature of Public Interest Litigation (PIL) for removal of illegal encroachment made by private respondent nos.6 to 11 over Plot no.1225, area 0.2180 hectares, situated in Village-Somali Tola (Belahiya Tola), Tehsil-Kaptanganj, District-Kushi Nagar.
It is submitted that public utility land i.e. Plot no.1225, area 0.2180 hectares, situated in Village-Somali Tola (Belahiya Tola), Tehsil-Kaptanganj, District-Kushi Nagar is recorded as 'banjar' in the revenue record.
Counter affidavit filed on behalf of respondent nos.6 to 11 is on the record. It shows that with respect to the property in question, as mentioned in the writ petition, parties have already litigated a civil suit registered as Suit No.848 of 1974, which was decreed vide judgment and decree dated 24.08.1987 against some of the co-villagers, Village Pradhan and Gaon Sabha. Copy of the aforesaid judgment and decree dated 24.08.1987 has been filed as Annexure-C.A.-4 to the counter affidavit.
It is further submitted that against the present petitioners, Case No.326 of 1976 was initiated under Section 447 of I.P.C. which was dismissed vide order dated 12.12.1979 (Annexure-C.A.-3). It is further submitted that aforesaid orders passed by the concerned Courts, as mentioned above, have attained finality between the parties, inasmuch as, till date aforesaid orders have not been challenged by any person before competent court.
Learned Standing Counsel, on the basis of the instructions dated 20.02.2021 received from the concerned officer, has submitted that after filing of present writ petition, a proceeding under Section 67 of the Uttar Pradesh Revenue Code, 2006 has been initiated against the alleged illegal encroachment, as mentioned in the present writ petition.
In this conspectus as above, I do not find any merit in this writ petition. It is, accordingly, dismissed.
Order Date :- 25.8.2021
Manish Himwan
