Rajesh Kumar v. State of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Lucknow and 6 Others

Court No. - 17 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 905 of 2023 Petitioner :- Rajesh Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Lucknow And 6 Others Counsel for Petitioner :- Mahesh Kumar Sharma Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Alok Mathur,J.

¶1Heard Sri Mahesh Kumar Sharma, learned counsel for petitioner as well as learned Standing Counsel for respondent No. 1 to 4.

¶2In light of the proposed order, notices to private respondents are dispensed with.

¶3By means of the present writ petition, the petitioner has sought a direction to respondent Nos. 2 to 4 to remove the illegal encroachment form the land Gata No. 230/0.076 Hectare recorded as Ghoor Gaddha, Gata NO. 229/0.099 Hecatere recorded as Kollu and Gata No. 236/0.215 Hectare recorded as Khel Ka Mdan situated at Village - Darveshpur, pargana - Dariyabad, Tehsil - Sirauligauspur, District - Barabanki.

¶4It has been submitted that three plots are recorded as public utility land and private respondents are illegally encroaching upon the said land and made construction. It has also been stated that petitioner has made complaints in this regard to the competent authority but no action has been taken by them consequently present writ petition has been filed .

¶5Learned Standing Counsel on the basis of instructions has submitted that proceedings under Section 67 of U.P. Revenue Code, 2006 were initiated with regard to Gata No. 229/0.099 hectare and orders for eviction have already been passed by the competent authority on 22.02.2022. He further submits that necessary compliance of the said order would be undertaken by the authorities expeditiously. It is stated that with regard to Gata No. 230 and Gata No. 236, proceedings under Section 67 of U.P. Revenue Code, 2006 have already been initiated and a case No. T202104120601594 (Rajesh Kumar Vs. Gaon Sabha), case No. T202104120601595 (Jharekhe Vs. Gaon Sabha), case No. T202104120601599 (Ramnaresh Vs. Gaon Sabha) and case No. T202104120601597 (Ram Kumar Vs. Gaon Sabha) are pending before the competent authority and only after orders are passed, necessary action will be taken against the encroachers.

¶6In light of the above, considering the fact that proceedings in accordance with law i.e. U.P. Revenue Code, 2006 have already been initiated for eviction against the unauthorised occupants, no further directions are required by this Court in exercise of powers under Article 226/227 of Constitution of India.

¶7However, the competent authority is directed to expedite the hearing in the aforesaid cases and pass necessary orders expeditiously .

¶8With the above observations / directions, the writ petition stands disposed of. (Alok Mathur, J.) Order Date :- 10.10.2023 Ravi/ High Court of Judicature at Allahabad, Lucknow Bench