Allahabad High Court
Shiv Bhahadur vs State Of U.P. Thru. Prin. Secy. ... on 26 April, 2023
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 4
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 298 of 2023
Petitioner :- Shiv Bhahadur
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Revenue, Lko. And 17 Others
Counsel for Petitioner :- Prabhakar Nath Mishra
Counsel for Respondent :- C.S.C.,Mohan Singh
Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the petitioner and Sri Yogesh Kumar Awasthi, learned Standing Counsel for the State-opposite parties.
In view of the proposed order, the notices to the private opposite party Nos. 6 to 18 are hereby dispensed with.
By means of this Public Interest Litigation Petition, the petitioner has prayed for the following reliefs:-
"(i) to issue a writ, order or direction in the nature of mandamus commanding/ directing the opposite party Nos.1 to 4 to remove the encroachment over the Gaon Sabha land bearing Gata No.248 Banjar, Gata No.249 Marghat, Gata No.253 Banjar, Gata No.265 Harijan Abadi, Gata No.266 Banjar, Gata No.159 and 1053 Banjar, Gata No.1107 Khel Ka Maidan, Gata No.848-Kha Navin Parti, Gata No.647 Pond and Gata No.1674 Public Utility Land situated in Village-Itaunja Pashchim, Tehsil-Gauriganj, Pargana & District-Amethi which is reserved for Public Utility Gaon Sabha Land in compliance of order dated 28.05.2014 passed by this Hon'ble Court in Writ Petition No.6472 (M/B) of 2012 (Om Prakash Verma and others vs. State of U.P. & others) in the light of the earlier judgment and order passed by the Hon'ble Apex Court in the case of Hinch Lal Tiwari vs. Kamala Devi and others AIR 2001 SC 3215 and Jagpal Singh and others vs. State of Punjab and others AIR 2011 SC 1123 for removal of the encroachments from the aforesaid gatas which are reserved for Public Utility Land from the opposite party Nos.6 to 18 and further it may be pleased to direct the opposite party Nos.6 to 18 not to make any further constructions over the aforesaid gatas which are reserved for the Public Utility Lands in the revenue record as Khatauni.
(ii) to issue a writ, order or direction in the nature of mandamus thereby directing the opposite party No.2 i.e. the District Magistrate/ Collector, District-Amethi to decide/ consider the representation of the petitioner dated 27.02.2023, as contained in Annexure No.3 to the writ petition, in the interest of justice."
This Court has passed the order dated 19.04.2023, which reads as under:-
"Heard.
This Court has passed order dated 11.4.2023, which reads as under:
"Heard Sri P.N. Mishra, learned counsel for the petitioner, learned Standing Counsel and Sri Mohan Singh, Advocate who has accepted notice for opposite party no. 5 i.e. Land Management committee.
By means of this petition the petitioner has prayed following relief:
"i) Issue a writ, order or direction in the nature of Mandamus commanding / directing the opposite party no. 1 to 4 to remove the encroachment over the gaon sabha land bearing gata no. 248 Banjar, Gata No. 249 Marghat, Gata No. 253 Banjar, Gata No. 248 Banjar, Gata No. 265 Harijan Abadi, Gata No.266 Banjar, Gata No. 159 and 1053 Banjar, Gata No.1107 Khel ka Maidan, Gata No. 848Kha Navi Parti, Gata No. 647 Pond and Gata No. 1674 public utility land sitauted in Village Itaunja, Pashchim, Tehsil Gauriganj. Pargana and District Amethi which is reseve for Public Utility Gaon Sabha Land in compliance of order dated 28-05-2014 passed by this Hon'ble Court in writ petition no.6472 (M/ B)/2012 OM Prakash Verma and others Vs. State of U.P. and others in the light of the earlier judgement and order passed by the Hon'ble Apex Court in case of Hinch Lal Tiwari Vs. Kamala Devi and others AIR 2001 SC 3215 and Jagpal Singh and others Versus State of Punjab and others AIR 2011 SC 1123 for remove the encroachment over the aforesaid gatas which are reserve for Public Utility Land from the opposite party no.6 to 18 and further it may be pleased to direct the opposite party no.6 to 18 not to make any further construction over the aforesaid gatas which are reserve for public utility lands in Revenue Record as Khatauni.
ii) Issue a Direction to the opposite party no.2 i.e. District Magistrate/Collector District Amethi to decide/consider the representation of the petitioner dated 27-02-2023 contained as Annexure No.3 to this writ petition in the interest of justice."
Learned Standing Counsel prays for and is granted a week's time to seek complete written instructions in the matter.
List on 19.4.2023 as fresh."
Learned Standing Counsel prays for and is granted a week's further time to seek complete instructions in terms of earlier order.
List on 26.4.2023 as fresh."
In compliance of the aforesaid order, Sri Awasthi, learned Standing Counsel has produced the copy of instructions letter dated 26.04.2023 preferred by the Sub-Divisional Officer, Tehsil-Gauriganj, District-Amethi addressing to the Chief Standing Counsel indicating therein the comments of the case and the details of the cases instituting against the illegal encroachers, the same are taken on record.
As per the aforesaid instructions, the spot inspection has been carried out in respect of the land in question. On the basis of spot inspection, there are illegal encroachments over the gata numbers in question. Therefore, the required exercise has been undertaken by instituting as may as 26 cases against the illegal encroachers under Section 67 (1) of U.P. Revenue Code, 2006 for eviction of the encroachers wherein the next date has been fixed for 02.05.2023.
Learned Standing Counsel has stated that the appropriate orders would be passed in the aforesaid cases wherein the next date has been fixed for 02.05.2023 and the illegal encroachments shall be removed from the public utility land.
Considering the aforesaid submission of learned Standing Counsel and also considering the instructions so provided by the Sub-Divisional Officer, Tehsil-Gauriganj, District-Amethi, I do not find any good ground to keep this Public Interest Litigation Petition pending any longer.
Therefore, without entering into merits of the issue, this Public Interest Litigation Petition is disposed of finally at the admission stage with the direction to the Competent Revenue Authority to pass appropriate orders in the aforesaid pending cases wherein the next date has been fixed for 02.05.2023, strictly in accordance with law by affording an opportunity of hearing to the parties concerned, within time frame so prescribed under Section 67 of the Code, 2006 and the rules thereof.
It is needless to say that the Competent Revenue Authorities shall ensure that the illegal encroachments, if any, are removed with expedition.
Order Date :- 26.4.2023 [Rajesh Singh Chauhan,J.]
Suresh/
