Chief Justice's Court
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1531 of 2019 Petitioner :- Paramhnsh Alias Parbhans Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Maithali Sharan Pipersenia,Dharmendra Kumar Counsel for Respondent :- C.S.C.,Dharmendra Prasad
Hon'ble Govind Mathur,Chief Justice Hon'ble Vivek Varma,J.
Heard learned counsel appearing on behalf of the petitioner and Sri Dharmendra Prasad, learned counsel appearing on behalf of respondent nos.4 and 5.
This petition for writ is preferred to have following reliefs:-
"(i) issue a writ, order or direction in the nature of mandamus commanding the respondents to protect the public utility land being plot nos.243M area 0.147 Hectare, Plot No.577 M area 6.819 Hectare and Plot No.578M area 0.0200 Hectare situated in Village-Nagar Kshetra Ramkola, Pargana-Sudhua Jobna, Tehsil Kaptanganj, District Kushi Nagar which are recorded as Banjar, Gadha (Pond) and Abadi.
(ii) issue a writ, order or direction in the nature of mandamus commanding the respondents not to change the nature of land of the aforesaid plots in any manner or by making the construction."
Looking to the nature of dispute involved in this petition for writ, we deem it appropriate to disposed of this petition for writ by directing the District Magistrate, Kushi Nagar to look into the matter and to examine the entire issue. If he notices any encroachment on public land, he may proceed for removal of the same in accordance with law and after hearing the affected parties.
The writ petition with the directions as above, stands disposed of.
Order Date :- 27.9.2019 Bhaskar (Vivek Varma, J.) (Govind Mathur, C.J.)