Court No. - 40
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4672 of 2018 Petitioner :- Vijay Kumar Agarwal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shishir Kumar Tiwari Counsel for Respondent :- C.S.C.,Shyam Mani Shukla Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Ajit Kumar,J.
This writ petition has been filed for a mandamus praying for taking action against respondent no. 4 and 5 and demolish their alleged illegal constructions.
We have heard Sri S.M.Shukla, learned counsel for respondent no. 3.
Learned counsel for the petitioner submits that constructions are standing on a public passage, and therefore, action should be taken as per the Khatauni, which has been filed alongwith the writ petition.
We find that plot no. 806 is a non ZA area, zamindar whereof has been named as Sri Krishna Kumar Aadi. It is therefore clear that Zamindari does not appear to have been abolished in the area and consequently, no action can be taken by the Nagar Palika Parishad in the event the land continues to be part of Non ZA area. The land does not appear to the public land or State owned land.
In the event any person is aggrieved or has any legitimate grievance or legally enforceable right, it is open to such person to seek its enforcement through common law remedy. This petition is not entertainable for the relief demand.
Rejected.
Order Date :- 31.10.2018 Sanjeev