Allahabad High Court
WRIC/11213/2025 of SHESH RAM YADAV Vs STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 4 OTHERS on 5 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11213 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent nos.1 to 3 and Shri Mohan
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - C No. - 11213 of 2025
Court No. - 2
HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J.
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1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent nos.1 to 3 and Shri Mohan Singh, who appears on behalf of the opposite party no.4 Gaon Sabha.
2. This petition has been filed by the petitioner for the following prayers:- "i. A writ, order or direction in the nature of Mandamus commanding the opposite parties no.2 to 4 to remove illegal encroachment over the land Gata No. 651/0.3040 hectare situated at village Nonra, Pargana Miranpur and Tehsil-Sadar, District- Sultanpur, and to ensure the compliance of the order dated 09.10.2024 passed by Tahsildar (judicial)/ Assistant Collector, Sadar, District- Sultanpur as contained in Annexure No.1 to this writ petition.
ii. Any other order or direction as this Hon'ble Court may deem fit and proper may also be passed in favour of the petitioner.
iii. Allow the writ petition with cost in favour of the Petitioner."
(3) It has been submitted by the learned counsel for the petitioner that the Opposite party no.5 (Private Respondent) has forcibly Versus Counsel for Petitioner(s) : Amitesh Pratap Singh, Devendra Nath Pandey Counsel for Respondent(s) : C.S.C., Mohan Singh Shesh Ram Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 4 Others .....Respondent(s)
encroached upon Gata No.651/0.3040 Hectare recorded as pond situated at Village Nonra, Pargana Miranpur, Tehsil Sadar, District Sultanpur. The Supreme Court has issued several orders with regard to removal of encroachment on pond in pursuance thereof the Government Order dated 23.03.2011 has been issued directing all Divisional Commissioners and District Magistrates to initiate proceedings for eviction under Section 122B (2) of the U.P.Z.A. & L.R. Act against such encroachment. The said Act was repealed and now their Section 67(2) of the U.P. Revenue Code is applicable in proceedings were initiated against Opposite party no.5 and an order was passed on 09.10.2024 for removal of such encroachment. However, such order has not been complied with till date, and therefore, the petitioner has approached this Court with the aforesaid prayers.
(4) Learned Standing Counsel on the basis of telephonic instructions says that against the order dated 09.10.2024 a Recall application has been moved which is pending before the Court and the next date fixed in the matter is 18.12.2025.
(5) This writ petition is finally disposed of with a direction to the Tehsildar Judicial / Assistant Collector, Tehsil Sadar, District Sultanpur, where the Recall application is pending to decide the same either on the next date fixed or within three months thereafter. December 5, 2025 N.PAL WRIC No. 11213 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench