Rakesh Bahadur vs State Of U.P. And 5 Others
2023 Latest Caselaw 10838 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 52
 

 
Case :- WRIT - C No. - 8861 of 2023
 

 
Petitioner :- Rakesh Bahadur
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Moeez Uddin
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Kshitij Shailendra,J.

Heard Sri Moeez Uddin, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

Although the writ petition has been filed claiming a relief that respondent no.4 may be directed to take necessary action for removal of encroachment from Gaonsabha land in compliance of the judgment and order dated 17.5.2016 passed by this Court in Writ-C No.22677 of 2016, I find that the said writ petition was decided in the year 2016 permitting the petitioner to file a representation before the authority concerned and a direction was issued to the authority concerned for disposal of the said representation.

The grievance of the petitioner is still to the effect that Plot No.1549 recorded as usar land in the name of Gaonsabha has been encroached upon by the respondent no.6.

It would serve no purpose to keep the writ petition pending and, therefore, it is directed that the petitioner may submit an application/representation before the Sub Divisional Officer concerned bringing the relevant facts regarding encroachment over the aforesaid plots to the notice of the concerned Sub Divisional Officer, who, if no proceedings under Section 67 of U.P. Revenue Code, 2006 have already been registered in relation to the encroachment over the aforesaid plot, on receiving said representation, shall enquire into the allegation made by the petitioner, after registering the proceedings.

The Sub Divisional Officer concerned shall ensure that the alleged encroachers are arrayed as parties to the representation with specific details.

The Sub Divisional Officer concerned shall follow the procedure prescribed under Section 67 of the Code as well as Rules 66 and 67 of the U.P. Revenue Code Rules, 2016 and pass appropriate orders within a period of six months when the aforesaid representation is filed by the petitioner.

In the entire proceedings, full opportunity of hearing shall be provided to the concerned alleged encroachers and the matter shall be dealt with strictly in consonance with the ratio laid down by this Court in "Rishipal Singh Vs. State of U.P. and others: 2023 (1) AWC 4 and in Leellu Vs. State of U.P. and others: 2023 (3) ADJ 97."

It is clarified that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition.

With the aforesaid directions, the writ petition is disposed off.

Order Date :- 12.4.2023

Anil K. Sharma