Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 91 of 2019 Petitioner :- Satya Narayan Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Rajendra Kumar Dubey,Santosh Kumar Pandey Counsel for Respondent :- C.S.C.,Brij Kumar Yadav Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner, learned Standing Counsel appearing for the State respondents and Sri Brij Kumar Yadav, learned counsel appearing for the Gaon Sabha.
Present petition has been filed with the following prayer:-
"Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to vacate the encroachment in Gram Sabha Land, Khata No. 313, Gata No. 203, Rakba 0.1050 Hect (mentioned in Revenue Record as Pond) situated in Gram Sabha-Bhopat Patti, Pargana Pahara, Tehsil Sadar, District Farrukhabad which is encroached by the respondent No. 7 to 10 (Sharad Katiyar son of Late Sudhir Mohan Katiyar, Nirmala Devi wife Late Sudhir Mohan, Suresh Chanadra son of Har Narayan, R/o Bhopat Patti, Pargana Pahara, Tehsil Sadar, District Farrukhabad and Smt. Usha Shakya wife of Shushil Shakya, R/o 1/1 Awas Vikas Colony, Farrukhabad, District Farrukhabad) by way of constructing the boundary wall on the basis forged entry made by the some revenue officer in the khatauni."
On perusal of khatauni Annexure-3 to the petition clearly indicates that Gata No. 203 the land is recorded as Class-I-Ka in the name of sankramniya bhumidhar with transferrable rights.
In such view of the matter, present petition is devoid of merits and is accordingly dismissed.
In case, the facts are otherwise the petitioner is at liberty to file fresh petition.
Order Date :- 21.1.2019 Lalit Shukla