Rajendra Singh And 5 Others vs State Of U.P. And 22 Others
2016 Latest Caselaw 5484 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 39409 of 2016
 

 
Petitioner :- Rajendra Singh And 5 Others
 
Respondent :- State Of U.P. And 22 Others
 
Counsel for Petitioner :- Deepak Kumar Jaiswal
 
Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
 

 
Hon'ble Ran Vijai Singh,J.

Heard Sri Deepak Kumar Jaiswal, learned counsel for the petitioner, learned standing counsel appearing for the State - respondents and Sri Diwakar Singh, holding brief of Sri R.C. Upadhyay, learned counsel for the gaon sabha.

In substance, the petitioner appears to be aggrieved by non-removal of the encroachment, from the gaon sabha land being Gata Nos. 58 (New Gata Nos. 228, 229 and 231), Gata No. 373, Gata Nos. 59 & 61 (New Nos. 227, 232 and 234) and Gata No. 393 recorded as pond and bheeta situated in Village - Kamalpur Paharpur, Tehsil - Mohammadabad Gohna, District Mau, made by respondent nos. 6 to 23. 

After the commencement of Uttar Pradesh Revenue Code, 2006 (in short 'the Code') and enforcement of Uttar Pradesh Revenue Rules, 2006 (in short 'the Rules'), the remedy of the petitioner is to approach the Assistant Collector of the concerned Tehsil under section 67 of the Code read with Rule 67 of the Rules.

In case such approach is made by way of filing an application, along with certified copy of the order of this Court, the Assistant Collector shall do the needful, expeditiously keeping in mind the law laid down by this Court in the case of Bhole Nath and Another Vs. State of U.P. and Others (2016 (7) ADJ 430), provided there is no legal impediment.  

With the aforesaid observations / directions, this petition is disposed of.

Order Date :- 24.8.2016

Amit Mishra