Allahabad High Court
Naseeb Ali vs State Of U.P. Thru. Collector/ ... on 20 April, 2023
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 4
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 332 of 2023
Petitioner :- Naseeb Ali
Respondent :- State Of U.P. Thru. Collector/ District Magistrate Balrampur And 5 Others
Counsel for Petitioner :- Santosh Kumar Dubey,Pooja Devi,Ram Suphal
Counsel for Respondent :- C.S.C.,Pankaj Gupta
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Santosh Kumar Dubey, learned counsel for the petitioner, Sri Yogesh Kumar Awasthi, learned Standing Counsel for the State.
Notice for opposite party no. 4 / Gaon Sabha has been accepted by Sri Pankaj Gupta, Advocate.
In view of the proposed order notice to private opposite parties no. 5 and 6 is dispensed with.
By means of this petition the petitioner has prayed following relief :
"issue a writ, order or direction in the nature of Mandamus commanding and thereby directing to the opposite party no.2 to 4 to remove the illegal encroachment made by the opposite party no.5 and 6 over the land Gata No.770/0.0450 and recorded as "Naveen Parti" and Gata No.772/0.0450 hect. recorded as "Khalihan" in the revenue record in the Village- Katharha Evajpur, Pargana-Sadullah Nagar, Tehsil-Utraula, District-Balrampur in the light of judgment and order passed in AIR 2001 SC 3215 Hinch Lal Tiwari Vs. Kamla Devi and others, in the interest of justice."
Learned Standing Counsel has produced the copy of instruction letter dated 17.4.2023 preferred by the Sub-Divisional Officer, Uttraula, District Balrampur addressed to Chief Standing Counsel enclosing therewith the comments of revenue authorities, spot inspection report, copy of khatauni, detail of cases and coloured photograph of area in question, same are taken on record.
As per aforesaid instructions after conducting the spot inspection by the team of revenue it is found that there is no encroachment over gata no. 772/0.045 Hect. inasmuch as the aforesaid land has been recorded as khalihan land in the revenue records and on some part of such gata number the gaon sabha has constructed one RCC road which is being used by villagers and others. Such road has been constructed in the public interest. However, the remaining land of the aforesaid gata is vacant ad within the possession of gaon sabha. So far as the Gata no. 772/0.045 Hect. is concerned that land is recorded as Naveen Parti land in the revenue records. The opposite parties have encroached illegally, therefore, the required exercise has been undertaken by filing two cases bearing Case Nos. T202208100301952 and T202208100301740 u/s 67(1) of the of the U.P. Revenue Code, 2006.
Learned Standing Counsel on the basis of instructions stated that the appropriate orders would be passed in the aforesaid cases strictly in accordance with law by affording an opportunity of hearing to the parties concerned with expedition.
Therefore, without entering into the merits of the issue considering the arguments of the learned counsel for the parties and the instruction letter dated 17.4.2023, I do not find any good ground to keep this P.I.L. pending inasmuch as so as to remove the illegal encroachment over the Gata no.f 770 two cases have been registered u/s 67(1) of the Code of 2006 and the authority concerned shall ensure that those cases shall be decided strictly in accordance with law by affording an opportunity of hearing to the parties concerned with expedition, therefore, it is expected that the aforesaid cases be decided within time frame so prescribed under the Code and Rules thereof.
Since there is no illegal encroachment over the Gata no. 772, therefore, no direction can be issued for that.
In view of above terms, writ petition is disposed of.
.
(Rajesh Singh Chauhan, J.)
Order Date :- 20.4.2023
Om
