Irfaan v. State of U.P. Thru. Secy. Revenue Deptt. U.P. Lucknow and 5 Others

Court No. - 17 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 932 of 2023 Petitioner :- Irfaan Respondent :- State Of U.P. Thru. Secy. Revenue Deptt. U.P. Lucknow And 5 Others Counsel for Petitioner :- Anil Kumar Tiwari Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Alok Mathur,J.

¶1Heard learned counsel for petitioner, learned Standing Counsel for State -respondents and Sri Pankaj Gupta on behalf of Gaon Sabha-respondent No.5.

¶2In light of the proposed order, notices to private respondent i.e. respondent No.6 is dispensed with.

¶3Petitioner has approached this court seeking a direction to opposite parties No.1 to 3 to vacate the Gram Sabha's land of Gata No.419/0.0450 hectare situated in Village Ghanshyam Pur Grant, Pargana and Tehsil-Mankapur, District Gonda from illegal encroachments within a specified time.

¶4Learned counsel for petitioner submits that aforesaid land is recorded in revenue records as "Naveen Parti" and, thus, is a pubic utility land being common rights of the villagers but the private respondent and others who are bhumafia and land grabbers and have made illegal encroachments over the said land by making pakka constructions over it.

¶5Learned 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.

¶6Learned 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.

¶7Accordingly, without entering into merits of the case, the writ petition, is disposed off 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 :- 12.10.2023 RKM. High Court of Judicature at Allahabad, Lucknow Bench