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Rajwant Singh v. State Of U.P. & Others - PUBLIC INTEREST LITIGATION (PIL) No. 12867 of 2007 [2007] RD-AH 4905 (20 March 2007)


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Hon'ble S.Rafat Alam, J.

Hon'ble Krishna Murari,J.

In the instant writ petition the short grievance of the petitioner is that respondents no.7, 8 and 9 have illegally encroached upon the pond on plot no.945 and thus, the respondents may be directed to remove the unauthorised possession over the pond in question.

Learned counsel for the petitioner submits that old plot no. 945 in Khasra 1359 Fasli was pond and the name of one Ram Swaroop has wrongly been entered in the revenue record in place of pond and by cutting, it has been entered as grove land, a copy whereof is enclosed as annexure-1.

We have perused the alleged extract of 1359 Fasli but the copy enclosed is so blurred and it is not at all legible. Despite our repeated queries, learned counsel for the petitioner could not point out any material on record from which it could be held that the plot in question is entered in the revenue record as pond and, therefore, in the absence of any material on record, it is difficult to accept the version of the petitioner and thus, we are not inclined to entertain this writ petition as ''Public Interest Litigation'.

For the above reason, the writ petition is dismissed in limine.




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