Allahabad High Court
Balwant Singh And Another vs State Of U.P. Thru. Prin. Secy. ... on 29 March, 2023
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 5
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 241 of 2023
Petitioner :- Balwant Singh And Another
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lko. And Others
Counsel for Petitioner :- Chandra Bhanu Singh
Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey
Hon'ble Rajesh Singh Chauhan,J.
Heard Ms. Bhumika Bajpai, Advocate holding brief of Sri C.B. Singh, learned counsel for the petitioners, Sri Yogesh Kumar Awasthi, learned Standing Counsel for the State and Sri Dilip Kumar Pandey, learned counsel for opposite party no.4/Gaon Sabha.
In view of the proposed order, notices to opposite party nos.5 to 8 are hereby dispensed with.
By means of this P.I.L., the petitioners have prayed for the following main relief:
"i) issue a writ, order or direction in the nature of mandamus commanding the opposite parties no.1 to 2 to ensure the release of Gata No.94,100,101 (recorded as pond in revenue record) and Gata No.872 and 868 (recorded as Charagaah in revenue record), situated as village mau pargana semrauta Tehsil, Maharajganj, District - Raebareli, which belong to gaon sabha land in favour of Gaon Sabha in the light of judgment and order reported in (2001) 6 SCC 496 "Hinch Lal Tiwari Versus Kamla Devi and others"."
Sri Yogesh Kumar Awasthi, learned Standing Counsel has produced a copy of the instruction letter dated 28.3.2023 preferred by the Sub Divisional Officer, Maharajganj, Raebareli addressing to the Chief Standing Counsel annexing therewith the comments and details of cases, the same are taken on record.
As per the aforesaid instructions, not only the private opposite parties, but the petitioners have also illegally encroached upon some part of Gata Nos.921 and 934 and on some part of other Gata number, there is encroachment of the private opposite parties. Against all the illegal encroachers, requisite exercise has been undertaken under Section 67 of the U.P. Revenue Code, 2006 and appropriate orders would be passed with expedition inasmuch as in all the cases, filed under Section 67 of the U.P. Revenue Code, 2006, the next date has been fixed as 17.4.2023. The instructions further indicate that there is one suit pending before Court no.16, Civil Court, Raebareli bearing Suit no.434 of 2023 between the petitioners and private opposite parties.
Be that as it may, since the appropriate exercise has been undertaken by instituting a case against all illegal encroachers under Section 67 of the U.P. Revenue Code, 2006, wherein the next date has been fixed as 17.4.2023, therefore, I find no good ground to keep this P.I.L. pending any longer.
Accordingly, without entering into the merits of the issue, this P.I.L. is disposed of finally, directing the competent authority to pass appropriate orders strictly in accordance with law by affording an opportunity of hearing to the parties concerned with expedition, within a time frame as prescribed under Section 67 of the U.P. Revenue Code 2006 and ensure that all illegal encroachments on various Gatas as have been indicated in the instruction letter dated 28.3.2023 are removed with expedition.
[Rajesh Singh Chauhan,J.]
Order Date :- 29.3.2023
Sachin
