Vishambhar Dayal vs State Of U.P. Thru. Prin. Secy. ...
2021 Latest Caselaw 3269 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 

 
Case :- P.I.L. CIVIL No. - 5527 of 2021
 

 
Petitioner :- Vishambhar Dayal
 
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko & Others
 
Counsel for Petitioner :- Suresh Chandra Shukla
 
Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

(1) Heard the learned counsel for the parties and perused the record.

(2) This petition has been filed by the petitioner for the following main prayer:-

"issue a writ, order or direction in the nature of Mandamus commanding the Opposite Party Nos.2 to 4 to ensure the release of the Gata No.115 area 0.0630 hectare recorded as Pond, situated at Village Mati, Police Station Banthara, Pargana Bijnore, Tehsil Sarojini Nagar, District Lucknow which belong to Gaon Sabha land in favour of Gaon Sabha in the light of judgment and order reported in (2001) 6 SCC 496 "Hinch Lal Tiwari Vs. Kamla Devi and Others" and Jagpal Singh Vs. State of Punjab reported in (2011) 11 SCC 396."

(3) Learned Standing Counsel has produced a copy of the instructions sent from the office of the Tehsildar, Sarojini Nagar, Lucknow, wherein it has been stated that Plot No.115 belongs to Gram Sabha Pargana Bijnore, Tehsil Sarojini Nagar, District Lucknow, and has been recorded as Talab/pond. On the said pond, the opposite party no.6-Ashok Kumar has been found to be in illegal occupation and therefore, a case under Section 67 of the U.P. Revenue Code for ejectment has been registered as Case No.202010460508829 against the opposite party no.6 and the date fixed in the matter earlier was 27.02.2021.

(4) It is the case of the petitioner that the petitioner is resident of the same village and he alongwith other villagers had approached the Tehsildar and the SDM, Sarojini Nagar, by way of several representations pointing out that the Opposite party nos.6 to 10 all sons of Jagannath are involved in illegal encroachment upon the pond belonging to the Gaon Sabha. It has been submitted by the learned counsel for the petitioner that only action has been initiated against the Opposite party no.6 as has come out from the instructions sent by the Tehsildar, Sarojini Nagar. No action has been taken against the Opposite party nos.7 to 10 who are also sons of the same father Late Jagannath.

(5) This petition is finally disposed of with a direction to the Opposite party no.4-Tehsildar, Tehsil-Sarojini Nagar, District Lucknow, to initiate action against all persons found encroaching upon the pond including the Opposite party nos.6 to 10 as well as other villagers of Village Mati and to get the pond of the Gaon Sabha freed from the clutches of such illegal encroachers at the earliest, say within a period of three months from the date a certified copy of this order is produced before him.

Order Date :- 10.3.2021

PAL