SHRAWAN KUMAR YADAV Vs. STATE OF U P
LAWS(ALL)-2020-2-393
HIGH COURT OF ALLAHABAD
Decided on February 06,2020

Shrawan Kumar Yadav Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

PRAKASH PADIA,J. - (1.) Heard Sri Sanjay Mani Tripathi, learned counsel for petitioner and learned Standing Counsel for respondent Nos.1 to 4.
(2.) The petitioner has preferred the present public interest litigation (in short "PIL") with the following prayers:- "1. Issue a writ, order or direction in the nature of mandamus directing the respondent No.1 to 5 to release the encroachment of the respondent no.6 to 16 from the land of gaon sabha situated over khasra no.523/.2830 hectare as ponds, khasra no.146/0.0320 hectare as kahlihan, khasra no.544/0.0400 hectare as panchayat bhawan, khasra no.542/0.0810 hectare as khara no.543/0.0570, 638/0.0940, 5410.2390 hectare as banjar and khasra no.696/0.0080 hectare as chakmarg, village Khairatiya Shitalapur, Pargana Sidhuwa Jobna, Tehsil Padrauna, District Kushinagar. 2. Issue a writ, order or direction in the nature of mandamus directing the respondents to restore the above lands and take the necessary action against the respondent no.6 to 16 for making illegal encroachement over the above lands of gaon sabha situated over the above khasra nos villag Khairatiya Shitalapur, Pargana Sichuwa Jobna, Tehsil Padrauna, District Kushinagar."
(3.) In the affidavit of compliance, it is stated that one Ram Pyare Kushwaha along with four others filed Writ C No.2089 of 2019 (Ram Pyare Kushwaha and others Vs. State of U.P. and others) before this Court with regard to plot no.523. In the said writ petition, an order of status quo was passed by this Court on 14.03.2019. In this view of the matter, it is argued by learned Standing Counsel that no further action was taken against the encroachers.;


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