Allahabad High Court
Vidur Mohan vs State Of U.P. And 5 Others on 11 April, 2023
Bench: Syed Qamar Rizvi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 19
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 830 of 2023
Petitioner :- Vidur Mohan
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Ram Chandra Kushwaha
Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani
Hon'ble Syed Qamar Hasan Rizvi,J.
Heard Sri Ram Chandra Kushwaha, learned counsel for the petitioner and Sri Sunil Pratap Singh, learned Standing Counsel for the respondents no. 1, 2, 3 and 4 and Sri Kaushal Kishore Mani, learned counsel for Gaon Sabha, respondent no. 5.
In view of the nature of the order proposed to be passed, the service of notice upon private respondent no.6 is dispensed with.
By means of the present writ petition, the petitioner has prayed for following relief.
"I. Issue a writ order or direction in the nature of mandamus directing/commanding to the respondents authorities to remove the illegal encroachment made by the respondent no. 6 on the Khasra No.273 area 0.3600 hectare which is recorded in the revenue record as compost pits situated in village Satheria, Pargana & Tehsil- Budhana, District Muzaffarnagar as early as possible within a stipulated period.
II. Issue any suitable, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
The submission of the learned counsel for the petitioner is that by the order dated 08.09.2022 the Tehsildar/ Assistant Collector, Ist Class, Tehsil Budhana, District Muzaffarnagar passed an order under Section 67, for the removal of the encroachment. Against the said order an appeal was filed bearing case no. 3163 of 2022 (Suresh Vs. Gaon Sabha) and the same was finally dismissed vide order dated 17.01.2023 by the Additional Collector (Administration Muzaffarnagar).
The grievance of the petitioner is that despite the appeal having been dismissed and the order for removal of encroachment was passed way back in the year 08.09.2022, the encroachment has not been removed.
A preliminary objection has been raised by the learned Standing Counsel regarding the maintainability of the present Public Interest Litigation as the petitioner has not disclosed the credentials and other details that are required under Sub-Rule (3-A) of Rule 1 of Chapter XXII of the Allahabad High Court Rules (Rules of Court, 1952), which has been amended in the light of judgment passed by the Hon'ble Supreme Court in State of Uttranchal versus Balwant Singh Chaufal & others reported in 2010 AIR SCW 1029.
The learned counsel for the petitioner submits that in view of the aforesaid objection being raised by the learned Standing Counsel, he does not want to press the instant writ petition as public interest litigation but he seeks liberty to prefer an appropriate application as provided under Rule 460 of the U.P. Revenue Court Manual , for the execution of the order dated 08.09.2022 passed by the Tehsildar/ Assistant Collector, Ist Class, Tehsil Budhana, District Muzaffarnagar, passed under Section 67 of the U.P. Revenue Code, 2006.
The present petitioner filed as Public Interest Litigation is dismissed as not pressed, however liberty is granted to the petitioner to approach the appropriate authority for the execution of the order dated 08.09.2022 in accordance with the Rule 460 of the U.P. Revenue Court Manual.
Accordingly, the Public Interest Litigation is dismissed with the aforesaid liberty.
Order Date :- 11.4.2023
SP/-
