Noor Jahan v. State of U.P. Thru. Prin. Secy. Revenue Lko. and 5 Others

Court No. - 17 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 952 of 2023 Petitioner :- Noor Jahan Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 5 Others Counsel for Petitioner :- Dileep Kumar Tiwari,Md.Khurshed Ahmad 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, notice to private respondent is dispensed with.

¶3Petitioner has approached this court seeking a direction to opposite parties No.2 to 4 for expeditious removal of illegal encroachment from gata No.580 measuring its area 0.4920 hectare situated at Village Tetarpur, Pargana Jagdishpur, Tehsil Musafirkhana, District Amethi which is public utility land as it is recorded as a pond in revenue records.

¶4Learned 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.

¶5Learned 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.

¶6Accordingly, 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 :- 17.10.2023 RKM. High Court of Judicature at Allahabad, Lucknow Bench