Rakesh Nishad vs State Of Up And 5 Others
2024 Latest Caselaw 33190 ALL

Allahabad High Court

Rakesh Nishad vs State Of Up And 5 Others on 1 October, 2024

Author: Ashutosh Srivastava

Bench: Ashutosh Srivastava

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:160321
 
Court No. - 50
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1981 of 2024
 

 
Petitioner :- Rakesh Nishad
 
Respondent :- State Of Up And 5 Others
 
Counsel for Petitioner :- Achchhey Lal Tiwari
 
Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.
 

 
Hon'ble Ashutosh Srivastava,J.
 

1. Heard Shri Achchhey Lal Tiwari, learned counsel for the petitioner, Shri S. B. Dubey, learned Standing Counsel for the State-respondent and Shri Bhupendra Kumar Tripathi, 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 respondents to remove/demolish encroachment over the Gram Sabha land of Arazi No. 34, area 0.223 hectare, situate at village Ganeshpur, Pargana Garwara, District Jaunpur covered by Chhapper and Tin Shed which is recorded as Banjar Land by the respondent No. 6."

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.)