Allahabad High Court
Rameshwar Prasad vs State Of U.P. And 5 Others on 9 February, 2023
Bench: Mahesh Chandra Tripathi, Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
E-Case :- WRIT - C No. - 39713 of 2022
Petitioner :- Rameshwar Prasad
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Utsav
Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Vivek Kumar Singh,J.
Heard Mr. Utsav, learned counsel for the petitioner and Mrs. Kritika Singh, learned Additional Chief Standing Counsel for the State-respondents.
Present writ petition is preferred for direction in the nature of mandamus commanding the respondents to get the encroachment removed from the Chakroad land which has been illegally encroached by private respondents and further direction be issued to the State respondents to construct the pucca Chak road as per the consolidation map of village bhauri pargana tehsil Karvi which runs from plot no. 1656 to 1705 prepared by consolidation authority within the short stipulated period as may fixed by this Hon'ble Court.
In support of his submission, learned counsel for the petitioner has placed reliance upon the order dated 21.12.2011 passed by the Division Bench of Lucknow Bench in Misc. Bench No. 12801 of 2011 (Ran Bahadur Singh Vs. State of U.P. thru. Secretary, Revenue & Others). The said order dated 21.12.2011 is extracted herein below:-
"1.Heard learned counsel for the parties.
2.The controversy relates to encroachment over the public land and seems to be settled by judgment of this Court reported in [2009 (108) RD 481]: Panna Lal and others. Vs. District Magistrate, Gautam Budh Nagar. In the case of Panna Lal (supra), while adjudicating the identical controversy with regard to encroachment on public way, it has been held as under:
"6. It is being noticed by the Court that in a large number of cases, encroachments on Chakroads, Drains and other public utility lands are being reported. Now-a-days, it has become a regular feature in the Villages of Uttar Pradesh that the interested powerful villagers and the anti-social elements encroach upon the Chakroads, Drains and Public utility lands etc. In carrying out encroachments on Chakroads, Drains and Public utility lands, the villagers and anti-social elements are taking law in their hands. Due to encroachments on Chakroads, it has become difficult for two vehicles, Bullock-carts or two Tractors to pass through the Chakroads. A large number of Chakroads have been encroached by the erring Villagers in the State of Uttar Pradesh. Day by day, the fields of the powerful and influential villagers are eating the width and length of the Chakroads. The situation in the rural India has become alarming and as such Survey operations are urgently required in the villages to demarcate the Chakroads in order to save the Chakroads, Drains and other Public utility lands etc. meant to be protected for rural population including farmers.
7. In these circumstances, the Principal Secretary to Government of U.P., Revenue Department, State of U.P., is hereby directed to issue necessary directions to all the District Magistrates of the State of Uttar Pradesh to ensure that the encroachments on Chakroads, Drains and other Public utility lands etc. are removed immediately after Survey and regular spot inspection by the Revenue authorities. The District Magistrates of the Districts shall direct the Sub-Divisional Magistrates or the Assistant Collectors to act instantly on receiving the complaints regarding encroachments on Chakroads, Drains and Public utility lands etc. and remove the encroachments on Chakroads, Drains and Public utility lands etc. immediately by making spot inspections and after going through the relevant records. The District Magistrates shall also direct the Sub-Divisional Magistrates and Assistant Collectors to decide the disputes/complaints regarding encroachments within a months from the date of receipt of such applications/complaints from any corner and take stringent and strict action with the help of the Police to remove the encroachments. The Sub-Divisional Magistrates and the Assistant Collectors shall also make necessary and effective arrangements to stop future encroachments on Chakroads, Drains and Public utility lands by keeping constant vigil.
8. The District Magistrates shall also direct the Sub-Divisional Magistrates and the Assistant Collectors of the Districts that whenever any such complaint is brought to the notice of the concerned Sub-Divisional Magistrate or the Assistant Collector, the concerned Sub-Divisional Magistrate or the Assistant Collector shall take immediate steps in compliance of this Court's order, failing which the concerned Sub-Divisional Magistrate or the Assistant Collector shall be held responsible.
9. With the above observations and directions, the writ petition is dismissed.
10. Office is directed to send a copy of this judgment and order to the Principal Secretary to Government of U.P., Revenue Department, State of U.P. to issue necessary directions/orders to all the District Magistrates of the State of Uttar Pradesh for strict compliance of the judgment and order passed by the Court today."
3.We dispose of the writ petition also in terms of the aforesaid judgment of this Court. The authorities to proceed accordingly.
4.The writ petition is finally disposed of. "
Learned counsel for the petitioner submits that the present writ petition may be disposed of in terms of Ran Bahadur Singh (supra).
Per contra, Mrs. Kritika Singh, learned Additional Chief Standing Counsel has raised objection that the entire claim has been set up against private person and if he has encroached upon his land, then remedial measures are provided under Sections 25 and 26 of the Uttar Pradesh Revenue Code, 2006. Once remedial measures are provided therein, then definitely the concerned Competent Authority would take objection of the parties and proceed as per law.
We have occasion to peruse the record and we are also in respectful agreement with the judgment passed by the Division Bench of this Court. As the Sections 25 and 26 of the Uttar Pradesh Revenue Code, 2006 provides remedial measures, we hope and trust that the authority concerned would proceed to consider the claim of the petitioner expeditiously by taking note of the Uttar Pradesh Revenue Code, 2006 and proceed accordingly but certainly after affording opportunity of hearing to all the stake holders.
With these observations, this writ petition stands disposed of.
Order Date :- 9.2.2023
Jaswant
