Raja Ram Yadav v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko and 6 Others

Court No. - 17 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 927 of 2023 Petitioner :- Raja Ram Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko And 6 Others Counsel for Petitioner :- Sanjeev Kumar Shukla Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Alok Mathur,J.

¶1Heard learned counsel for petitioner as well as learned Standing Counsel for State -respondents while notice on behalf of Gaon Sabha-respondent No.5 has been accepted by Sri Mohan Singh.

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

¶3Petitioner has approached this court seeking a direction to opposite parties No.1 to 5 for removal of illegal encroachment, obstruction and construction from the pond land of gata No.s 170 and 171 situate in Pure Mehar wan Aradeeh Baijapur Pargana Aardeeh (Miranpur), Tehsil Sadar, District Sultanpur, expeditiously.

¶4Learned counsel for petitioner submits that gata No.s 170 and 171 situated in aforesaid Village is a public pond belonging to the Gaon Sabha and is recorded as such in the revenue records.

¶5It is further submitted that private respondents are bhumafia and land grabbers and have made encroachment over the said talab land by making pakka constructions and are tying to change the nature of the talab due to which discharge water from the houses of the residents are not reaching in the pond.

¶6Learned Standing Counsel, on the other hand, has submitted that petitioner has efficacious remedy under Section 67 of U.P. Revenue Code, 2006 where after obtaining report of Revenue Inspector and issuing notices to the alleged encroachers, effective orders for removal of the alleged encroachments as well as levy of penalty can be passed in case the allegations are found correct.

¶7Learned counsel for petitioner at this stage submits that petitioner may be given liberty to move an application under Section 67 of U.P. Revenue Code, 2006 before the competent authority.

¶8Accordingly, without entering into merits of the case, the writ petition, is disposed of with a liberty to the petitioner to move an application before the competent authority and in case such an application is made the said authority is directed to proceed to consider and decide the same expeditiously in accordance with law. (Alok Mathur, J.) Order Date :- 11.10.2023 RKM. High Court of Judicature at Allahabad, Lucknow Bench