Rakesh Kumar Pathak vs State Of U.P. And 18 Others
2022 Latest Caselaw 3272 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 630 of 2022
 

 
Petitioner :- Rakesh Kumar Pathak
 
Respondent :- State Of U.P. And 18 Others
 
Counsel for Petitioner :- Shashi Dhar Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Prakash Padia,J.

Counsel for the petitioner is permitted to implead Gaon Sabha as respondent no. 20 and serve the copy of the present P.I.L. upon Shri Pankaj Kumar Gupta, learned counsel for the Gaon Sabha during the course of the day.

The petitioner earlier filed a public interest litigation before this Court being P.I.L. No. 1126 of 2020 (Sanjay Kumar Pathak vs. State of U.P. and 18 others) which was dismissed by the Division Bench of this Court vide judgment and order dated 19.10.2020. Order reads as follows:-

"This petition for writ is preferred to have a direction for the respondents to get the respondent no.5 evicted from the illegal possession over the public utility land.

To have such a relief, remedy is available to the petitioner under section 67 of the Uttar Pradesh Revenue Code, 2006. We do not find any just reason to entertain this petition for writ ignoring the remedy provided under section 67 of the U.P. Revenue Code.

The writ petition is, accordingly, dismissed. The petitioner is at liberty to avail remedy under the Code aforesaid. "

It is argued that pursuant to the aforesaid though the proceedings were initiated under Section 67 of the U.P. Revenue Code, 2006 and the report has been submitted by the revenue authorities in the month of July, 2021 but till date no further action has been taken in the matter against the encroachers.

Heard counsel for the parties.

With the consent of counsel for the parties, the present Public Interest Litigation (P.I.L.) is disposed of finally directing the revenue authorities to do the needful in the matter pursuant to the report, copy of which is appended at page -45 and 46 of the writ petition. The petitioner is directed to serve the certified copy of this order along-with all the relevant papers and documents before the respondent no.3. In case the petitioner submit such representation before the respondent no. 3 within a period of three weeks from today, authority concerned will look into the entire controversy and pass appropriate orders in the matter for removal of encroachment within a period of three months from the date of presentation of copy of this order, unless there is no other legal impediment.

Order Date :- 18.5.2022

Swati