Arvind Singh Chauhan vs State Of U.P. And 5 Others
2023 Latest Caselaw 8672 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 52
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 537 of 2023
 

 
Petitioner :- Arvind Singh Chauhan
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Kailash Nath Singh
 
Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
 

 
Hon'ble Kshitij Shailendra,J.

Heard Shri Kailash Nath Singh, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Shri Bhupendra Kumar Tritpathi, learned counsel representing the Gaon Sabha.

This writ petition in the nature of public interest litigation, for removal of encroachments allegedly made by private-respondents over the land covered by Gata No. 149/1, area 0.121 hectare situated in village Katghara Dehati, Pargana Haveli, Tehsil Sadar, district Jaunpur.

Learned counsel for the petitioner submits that report dated 22.04.2022 has come on record substantiating the allegation contained in the writ petition regarding encroachments. However, no further proceedings have been registered.

I have perused the report dated 22.04.2022, which says that in case, encroachments are not removed, action would be taken in accordance with law, under the relevant provisions of section.

Considering the facts and circumstances of the case, this writ petition is being disposed of with an observation that in case, certain proceedings under the U.P. Revenue Code, 2006 have been registered on the basis of report dated 22.04.2022, the same shall be concluded in accordance with law, after giving full opportunity of hearing to the parties concerned and following the guidelines laid down by this Court in a latest judgment in the case of Rishipal Singh v. State of U.P. reported in 2023 (1) AWC 4. In case, the same has not been registered, appropriate recourse shall be taken in terms of section 67(2) of the U.P. Revenue Code, 2006.

Order Date :- 23.3.2023

Sazia