Radhika Devi v. State of U.P. and 7 Others

Court No. - 21 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2654 of 2023 Petitioner :- Radhika Devi Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Anup Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Donadi Ramesh,J.

¶1The instant petition has been filed praying for a writ of mandamus directing the respondents to remove illegal constructions allegedly raised by respondents no. 5 to 8 over a public rasta.

¶2Under Section 26 of the U.P. Revenue Code, 2006 the Tehsildar is invested with power to remove encroachments over public road path or common land of village or any obstruction on the road.

¶3Having regard to the aforesaid provisions, we leave it open to the petitioner to approach the concerned Authority for redressal of her grievance and in which event, the Authority will examine the complaint and will decide as to whether any proceeding has to be initiated under Section 26 of the U.P. Revenue Code, 2006 or not. In case, he comes to the conclusion that there is any obstruction, he will initiate proceedings and take the same to its logical conclusion, strictly following the procedure prescribed under law.

¶4The petition stands disposed of, accordingly. (Donadi Ramesh, J.) (Manoj Kumar Gupta, J.) Order Date :- 17.11.2023 Ruhi H. High Court of Judicature at Allahabad