Indu Prakash Mishra vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 2229 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 

 
Case :- WRIT - C No. - 449 of 2023
 

 
Petitioner :- Indu Prakash Mishra
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue,Lko. And Others
 
Counsel for Petitioner :- M.K. Dixit
 
Counsel for Respondent :- C.S.C.,Mohan Singh
 

 
Hon'ble Alok Mathur,J.

1. Heard Sri M. K. Dixit, learned counsel for petitioner as well as learned Standing Counsel for respondent No.s 1 to 4 and Sri Mohan Singh for respondent No.5.

2. In view of the order proposed to be passed issuance of notice to respondent No.6 is dispensed with.

2. By means of present public interest litigation petitioners have prayed for a direction to respondents to remove construction/encroachment over Rasta i.e. land gata No.998/0.0170 hect. and land gata No.996/0.0100 hect. situate in Village Rampur Babuwan, Pargana Isauli, Tehsil Baldirai, District Sultanpur, 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 authorities concerned 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 over Rasta i.e. land gata No.998/0.0170 hect. and land gata No.996/0.0100 hect. situate in Village Rampur Babuwan, Pargana Isauli, Tehsil Baldirai, District Sultanpur. In case such an application is made, the concerned authority shall proceed in accordance with law with expedition.

Order Date :- 20.1.2023 (Alok Mathur, J.)

RKM.