Devi Prasad vs State Of U.P. Thru. Secy. Revenue ...
2023 Latest Caselaw 948 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 15 of 2023
 

 
Petitioner :- Devi Prasad
 
Respondent :- State Of U.P. Thru. Secy. Revenue Deptt. Civil Secrt. Lko And 8 Others
 
Counsel for Petitioner :- Ram Kumar Srivastava Ram Kumar
 
Counsel for Respondent :- C.S.C.,Pankaj Gupta
 

 
Hon'ble Alok Mathur,J.

1. Heard Sri Ram Kumar Srivastava, learned counsel for petitioner as well as learned Standing Counsel for respondents and Sri Pankaj Gupta for respondent No.5.

2. By means of present public interest litigation petitioners have prayed for a direction to respondents to remove encroachment from pond land Gata No.s 766 area 0.5950 hect. from its encroach-er of tenure holders of surrounding Gata No.765, 762, 772, 770 98 and 767 and to renovate pond upon entire area 0.5950 hect. including an area 57 x 57 sq. ft. situated in Village Badipur, Dikloul, Pargana, Tehsil and District Gonda, 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 Deputy Director, Panchayati Raj, Devi Patan Division, Gonda 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.s 766 area 0.5950 hect. from its encroach-er of tenure holders of surrounding Gata No.765, 762, 772, 770 98 and 767 situated in Village Badipur, Dikloul, Pargana, Tehsil and District Gonda and to renovate pond upon entire area and in case such an application is made, the concerned authority shall proceed in accordance with law with expedition.

Order Date :- 10.1.2023 (Alok Mathur, J.)

RKM.