Amar Singh @ Amar Singh Chauhan v. State of U.P. Thru. Its Prin. Secy. Deptt. of Revenue Lko. and Others

Court No. - 17 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 935 of 2023 Petitioner :- Amar Singh @ Amar Singh Chauhan Respondent :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Revenue Lko. And Others Counsel for Petitioner :- Sunil Kumar Counsel for Respondent :- C.S.C.,Surya Prakash Singh Hon'ble Alok Mathur,J.

¶1Heard Sri Sunil Kumar, learned counsel for the petitioner, learned Standing counsel for the State and Sri Surya Prakash Singh for the Gaon Sabha.

¶2By means of the present public interest petition the petitioner has stated that the land of gata No.195 min. area

0.063 hectare situated in Village Navikot Nandana, Pargana Mahona, Tehsil Bakshi Ka Talab, Lucknow which is recorded as Usar in revenue record/khatauni is a public utility land where the private respondent No.9 and his associates have illegally encroached/made illegal possession and constructions. It is further submitted that several representations in this regard have been given to the concerned authorities but no proceedings have been initiated by them.

¶3Learned Standing counsel, on the basis of the instructions, has informed this Court that the proceedings under Section 67 of U.P. Revenue Code, 2006 have already been initiated and the same shall be concluded expeditiously.

¶4In light of the above and also considering the fact that under Section 67 of the Code of 2006 the competent authority has full powers to clear illegal encroachments from public utility land and also to impose penalty and also considering that appropriate proceedings have already been initiated, no further directions are required to be issued by this Court. However, it is expected that the competent authority shall proceed in the matter and conclude the same expeditiously in accordance with law.

¶5The petition, thus, stands disposed off. (Alok Mathur, J.) Order Date :- 12.10.2023 RKM. High Court of Judicature at Allahabad, Lucknow Bench