Matadeen vs State Of U.P. Thru. District ...
2023 Latest Caselaw 251 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 

 
Case :- WRIT - C No. - 9688 of 2022
 

 
Petitioner :- Matadeen
 
Respondent :- State Of U.P. Thru. District Magistrate, Amethi And Others
 
Counsel for Petitioner :- Rajeev Yadav,Dinesh Kumar
 
Counsel for Respondent :- C.S.C.,Mohan Singh
 

 
Hon'ble Alok Mathur,J.

1. Heard Sri Dinesh Kumar, learned counsel for the petitioner as well as learned Standing Counsel for the State respondents and Sri Mohan Singh, learned counsel has accepted notice on behalf of respondent no. 5.

2. By means of present writ petition the petitioner has sought direction to the State respondents to remove illegal encroachment made by respondent no. 6 over public land being Gata No. 70, recorded as Pond in the revenue records, situated at Village - Badgaon, Tehsil - Amethi, District - Amethi.

3. It is stated by learned counsel for the petitioner that petitioner has made appropriate applications to respondent no. 2 - Sub Divisional Magistrate, Tehsil - Amethi, District - Amethi in this regard but no action has been taken by him for removal of encroachment by the private respondent over the public/gaon sabha land. He has placed reliance on the judgment of Hon'ble Supreme Court in the case of Hinch Lal Tiwari Vs. Kamla Devi and Others, 2001 (6) SCC 496.

4. Learned Standing Counsel on the other hand submits that 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 the petitioner at this stage submits that he may be given liberty to approach appropriate authority concerned 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 the light of above, present writ petition is disposed of with liberty to the petitioner to make appropriate application within two weeks from today to the concerned authority with regard to encroachment of land pertaining to Gata No. 70, recorded as Pond in the revenue records, situated at Village - Badgaon, Tehsil - Amethi, District - Amethi, and in case any such application is made, the authority concerned shall proceed in accordance with law with expeditious.

Order Date :- 3.1.2023

A. Verma

(Alok Mathur, J.)