High Court of Judicature at Allahabad
Case Law Search
Arun Prasad And Another v. State Of U.P. And Others - PUBLIC INTEREST LITIGATION (PIL) No. 50095 of 2006  RD-AH 16279 (19 September 2006)
Civil Misc. Writ Petition No. 50095 of 2006
Arun Prasad and another vs. State of U.P. and others
Counsel for the petitioner: Mr. Ashwani Mishra
Counsel for the respondents: Mr. G.C. Upadhyay, S.C.
Hon'ble Ajoy Nath Ray,CJ
Hon'ble Ashok Bhushan, J
Heard learned counsel for the petitioner and learned Standing Counsel.
By this writ petition, filed as a public interest litigation, the petitioner has prayed for a mandamus directing the respondent nos. 2, 3 and 4 to remove entire illegal construction, possession of the respondents and other persons over the land belonging to dam in question.
The petitioner has alleged that in the years 1965 and 1969, the land belonging to dam has been allotted to the private persons and their names have also been entered in the revenue records. Learned counsel for the petitioner submits that the allotment of land belonging to dam was wholly illegal and without jurisdiction. He submits that direction be issued to get the illegal construction removed and dispossessing the private respondents.
The alleged allotment as referred in the writ petition having taken in 1965 and 1969, about more than 40 years ago, we are afraid that the writ petition, at the instance of the writ petitioner for dispossessing such allottees cannot be entertained. It is open for the authorities to take appropriate action in accordance with law as permissible for removing the encroachers and the illegal allottees.
With the above observation, the writ petition is dismissed.
Double Click on any word for its dictionary meaning or to get reference material on it.