Shiv Parsan And Another vs State Of Up And 29 Others
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Allahabad High Court

Shiv Parsan And Another vs State Of Up And 29 Others on 1 October, 2024

Author: Ashutosh Srivastava

Bench: Ashutosh Srivastava

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:160402
 
Court No. - 50
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1973 of 2024
 

 
Petitioner :- Shiv Parsan And Another
 
Respondent :- State Of Up And 29 Others
 
Counsel for Petitioner :- Ram Lakhan Deobanshi
 
Counsel for Respondent :- Azad Rai,C.S.C.
 

 
Hon'ble Ashutosh Srivastava,J.
 

1. Heard Shri Ram Lakhan Deobanshi, learned counsel for the petitioner, Shri Kumar Gaurav, learned Standing Counsel for the State-respondent and Shri Azad Rai, learned counsel for the Gaon Sabha concerned and perused the record.

2. The instant Public Interest Litigation has been filed for the following relief :

"(i) to issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to remove the illegal encroachment made by the private respondent Nos. 4 to 30 of village Baraunha, Tehsil and District Fatehpur over the Pond Land of Gata No. 252/0.6530 hectare, 274/0.1300 hectare, 89M/0.1620 hectare, 89Ka/0.1620 hectare, 89 Kha/0.0990 hectare, 231/0.1500 hectare and Gata No. 282/0.1050 hectare and Public Utility Land reserved in the name of Manure Pit i Gata No. 261/0.2590 hectare and that in the name of Navin Pathshala/School in Gata No. 286/0.650 hectare, 291/0.436 hectare, 294/0.060 hectare and Gata No. 55/0.2270 hectare.

ii) to issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to stop the ongoing residential activities of the private respondent over the Pond Land of Gata No. 252, 274, 89M, 89Ka, 89 Kha, 231 and Gata No. 282 and Public Utility Land reserved in the name of Manure Pit in Gata No. 261 and that in the name of Navin Pathshala/School in Gata No. 286, 291, 294 and Gata No. 55."

3. Learned Standing Counsel has raised a preliminary objection that the petitioner has an alternative remedy to approach appropriate authority by moving an application under Section 67 of the Uttar Pradesh Revenue Code, 2006 in view of the judgments passed by this Court in case of Jahar Singh v. State of U.P. reported in 2017(4) ADJ 619 as well as in Kanhaiya Lal Vs. State of U.P. and others reported in 2023 (12) ADJ 226.

4. Considering the aforesaid facts and circumstances of the case, the Public Interest Litigation is being disposed of with a direction to the petitioner to move an application under Section 67 of the U.P. Revenue Code, 2006 within a period of two weeks from today before the respondent concerned. In the eventuality of filing such an application, the Revenue Authorities shall proceed to register a case against the encroachers in accordance with law and make all endeavour to conclude the proceedings within a period of ninety days as prescribed under Rule 67 (6) of the U.P. Revenue Code Rules, 2016.

Order Date :- 1.10.2024

Ravi Prakash

(Ashutosh Srivastava, J.)