Rana Saroj v. State of U.P. Thru. Prin. Secy. Revenue Lko. and 5 Others

Court No. - 17 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 967 of 2023 Petitioner :- Rana Saroj 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 respondents.

¶2In light of the proposed order, notices to private respondent is dispensed with.

¶3Petitioner approached this court seeking a direction to respondent Nos. 1 to 4 to remove the illegal encroachment over the gata no. 35Mi measuring area

0.2660 Hect. situated at Village Shripur, Pargana - Meeranpur, Tehsil - Lambhuwa, District Sultanpur which is public utility land.

¶4Learned counsel for petitioner submits that respondent No. 6 along with other villagers are illegally encroaching upon the land of Gata No. 35Mi situated at aforesaid village despite the fact that the same is public utility land and recorded as Banzar in the revenue records. It has also been stated that several representations have been made by the petitioner in this regard to the competent authority but no action has been taken by them consequently present writ petition has been filed.

¶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 of with a liberty to the petitioner to move an application before the respondent No. 4 / Tehsildar, Tehsil - Lambhuwa, district - Sultanpur and in case such an application is made within two weeks from today, respondent No. 4 is directed to proceed to consider and decide the same expeditiously in accordance with law. (Alok Mathur, J.) Order Date :- 18.10.2023/Ravi/ High Court of Judicature at Allahabad, Lucknow Bench