Mata Prasad Shukla v. State of U.P Thru. Prin. Secy. Revenue Lko. and 19 Others

Court No. - 17 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 907 of 2023 Petitioner :- Mata Prasad Shukla Respondent :- State Of U.P Thru. Prin. Secy. Revenue Lko. And 19 Others Counsel for Petitioner :- Sanjay Kumar Verma,Pramod Kumar Pandey 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 and Sri Mohan Singh, learned counsel for respondent No. 5.

¶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 respondents to take necessary action against the unauthorized occupants and also for removal of encroachment upon the land situated at Gata No. 484 area 2.115 Bigha situated at Village Mahavan, Khajurahat, Tehsil Bikapur, district Ayodhya,.

¶4It has been submitted that the said land situated at Gata No. 484 in the said village is recorded as public utility land and has been illegally encroached by private respondents. It has also been stated that several representations have been made by the petitioner 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 have already been initiated against the illegal encroachers and Case No. T2017042345033020 (Gaon Sabha Vs. Mangru) and Case No. T 20150423031355 (Gaon Sabha Vs. Ram Ubar) and Case NO. T20150423031357 (Gaon Sabha Vs. Gaya Prasad) have already been registered and notices have been issued to the alleged encroachers 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 against the alleged encroachers, 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 in accordance with law.

¶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