Rishi Kumar And Another vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 195 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 965 of 2022
 

 
Petitioner :- Rishi Kumar And Another
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Revenue Civil Secrett. Lko. And 4 Others
 
Counsel for Petitioner :- Chandra Bhanu Singh
 
Counsel for Respondent :- C.S.C.,Gopesh Tripathi,Mohan Singh
 

 
Hon'ble Alok Mathur,J.

1. Heard Sri Chandra Bhan Singh, learned counsel for petitioner as well as learned Standing Counsel for respondents and Sri Gopesh Tripahti, learned counsel who has filed caveat.

2. By means of present public interest litigation petitioners have prayed for a direction to respondents to vacate the public utility land registered as Gata No. 1671, 1719, 1702, recorded as Pond in the revenue record, Gata No. 240, 186, 51, 24, 53 & 243 recorded as Charagah in revenue records, Gata No. 914, 941 recorded as Khalihan in revenue records and Gata No. 1099 recorded as School in revenue records and Gata No. 1685 recorded as Chakroad in revenue record situated at Village Bhadsana, Pargana - Mohanganj, Tehsil - Tiloi, district - Amethi which are in illegal possession of private respondents, in light of the judgment passed by Hon'ble the Apex Court in the case of Hinch Lal Tiwari Vs. Kamla Devi and others, 2001 (6) SCC 496.

3. It is stated that petitioner has made appropriate applications to the Sub-Divisional Magistrate - Tiloi District Amethi but no action has been taken by him for evicting the respondents for illegally trying to occupy the gaon sabha land.

4. Learned Standing Counsel on the other hand has submitted that the petitioner has efficacious remedy under Section 67 of U.P. Revenue Code, 2006 where in case there is any encroachment or attempt to illegally possess the gaon sabha land, the matter can be brought to the knowledge of the Land Management Committee or any other authority or the Lekhpal concerned who in turn inform the Assistant Collector concerned and after initiating proceedings necessary orders of eviction can be passed.

5. Learned counsel for petitioner at this stage submits that he may be given liberty to approach appropriate authority as provided under Section 67 of the U.P. Revenue Code, 2006 and who may in turn be directed to proceed in accordance with law.

6. In light of the above, the writ petition is disposed of with a liberty to the petitioner to make an appropriate application within two weeks from today to the concerned authority with regard to encroachment of land pertaining to Gata No. 1671, 1719, 1702, recorded as Pond in the revenue record, Gata No. 240, 186, 51, 24, 53 & 243 recorded as Charagah in revenue records, Gata No. 914, 941 recorded as Khalihan in revenue records and Gata No. 1099 recorded as School in revenue records and Gata No. 1685 recorded as Chakroad in revenue record situated at Village Bhadsana, Pargana - Mohanganj, Tehsil - Tiloi, district - Amethi and in case such an application is made, the concerned authority shall proceed in accordance with law with expeditious.

(Alok Mathur, J.)

Order Date :- 3.1.2023

Ravi/