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Bhopal v. State Of U.P. And Others - PUBLIC INTEREST LITIGATION (PIL) No. 6250 of 2007 [2007] RD-AH 1823 (6 February 2007)


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Court No.32                      

Civil Misc. Writ Petition No.6250 of 2007 (C)

Bhopal v. State of U.P. & others

Hon'ble S. Rafat Alam, ACJ.

Hon'ble Sudhir Agarwal, J.

It is urged that Khasra Nos.157, 169, 288, 57, 58, 168 & 202 are recorded in the revenue record as ponds, Gram Samaj Land for Holy Pujan, School land or the land for collecting mud/khad etc. but the same has been encroached upon by respondent no.4 & 11. It is further urged that despite all efforts made by the petitioner, no steps have been taken by the authorities to remove the encroachment. Our attention has been drawn to the judgment of the Hon'ble Apex Court in the case of Hinch Lal Tiwari Vs. Kamala Devi and others, 2001 (3) AWC 2398 SC.


Learned Standing Counsel appearing for respondent nos.1 to 3 and Shri Anuj Kumar, learned Addl. Standing Counsel appearing for the Gaon Sabha shall file counter affidavit within three weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.

Issue notice to respondent nos.5 to 11 through registered post with AD returnable within six weeks. Steps to be taken within a week.

Considering the submissions and looking to the facts of the case, in the meanwhile, it is directed that the parties, till the next date of listing, shall maintain the status quo in respect of the plot in question.




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