Raj Narayan v. State of U.P. Thru. Its Secy. of Revenue Deptt. Lko. and 4 Others

Court No. - 17 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 966 of 2023 Petitioner :- Raj Narayan Respondent :- State Of U.P. Thru. Its Secy. Of Revenue Deptt. Lko. And 4 Others Counsel for Petitioner :- Anil Kumar Tiwari,Dharmendra Pratap Singh Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Alok Mathur,J.

¶1Heard learned counsel for petitioner as well as learned Standing Counsel for respondents

¶2By means of the present writ petition, the petitioner has sought a direction to respondent Nos. 1, 2 and 3 to initiate steps to vacate the Gram Sabha's Land having land Gata No. 260/0.0570 hectare recorded in revenue record as "Panchayat Ghar" land of village and Pargana Raypur (Maholi) Tahsil - Maholi, district Sitapur from illegal encroachments.

¶3It has been submitted that the said land situated at Gata No. 260 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 complaints have been made by the petitioner and other villagers in this regard to the competent authority but no action has been taken by them consequently present writ petition has been filed.

¶4Learned 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. T202310640003083, T202310640003084, T202310640003085, T202310640003086, T202310640003087,

T202310640003088

and T202310640003089 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.

¶5In 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.

¶6However, the competent authority is directed to expedite the hearing in the aforesaid cases and pass necessary orders expeditiously in accordance with law.

¶7With the above observations / directions, the writ petition stands disposed of. (Alok Mathur, J.) Order Date :- 18.10.2023 Ravi/ High Court of Judicature at Allahabad, Lucknow Bench