Ram Murat Mishra vs State Of U.P. And 19 Others
2023 Latest Caselaw 21244 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:159863
 
Court No. - 52
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1274 of 2023
 

 
Petitioner :- Ram Murat Mishra
 
Respondent :- State Of U.P. And 19 Others
 
Counsel for Petitioner :- Abhishek Gupta
 
Counsel for Respondent :- C.S.C.,Azad Rai
 

 
Hon'ble Saurabh Srivastava,J.

1. Heard Sri Abhishek Gupta, learned counsel for the petitioner and Sri Rajesh Kumar Tiwari, learned Additional Chief Standing Counsel for the State-respondent nos.1 to 4 as well as Sri Azad Rai, learned counsel for respondent no.5.

2. It is the case of the petitioner that being the vigilant resident of Village Bajaha, Tehsil Soraon, District Prayagraj, preferred an application under Section 67(1) of U.P. Revenue Code, 2006 in shape of intimation to the authorities concerned with regard to alleged encroachment carried out by respondent nos.6 to 20 but the same is still pending to be taken into cognizance by the concerned revenue authorities for initiation of proceedings under Section 67 of U.P. Revenue Code, 2006.

3. Precise query has been made before learned counsel for the petitioner that what is the right incurred in favour of the petitioner for institution of application under Section 67(1) of U.P. Revenue Code, 2006, learned counsel for the petitioner relied upon the judgment passed in the case of Sonu Vs. State of U.P. and others (PIL No.296 of 2023, decided on 09.02.2023), wherein it has been decided that right is available to the resident of the concerned village/locality to apprise with regard to encroachment, if any, to the revenue authorities and the same is covered under Section 67(1) of U.P. Revenue Code, 2006.

4. Learned counsel for the respondents also supported the stand taken up by learned counsel for the petitioner in light of judgment passed in Sonu (supra).

5. In view thereof, respondent no.4 is hereby directed to take cognizance over the application dated 17.03.2022 preferred by the petitioner and after adopting due process of law, take appropriate action against the encroachers, if warranted under Section 67 of U.P. Revenue Code, 2006, within a period of two months from the date of production of a certified copy of this order before him.

6. Writ petition stands disposed of accordingly.

Order Date :- 8.8.2023

Vivek Kr.