Bhagirath v. State of U.P. Thru. Prin. Secy. Home Lko. and 6 Others

Court No. - 17 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1028 of 2023 Petitioner :- Bhagirath Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 6 Others Counsel for Petitioner :- Km. Pooja Tiwari,Farooq Ayoob 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 respondent No. 1 to 4 & 6.

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

¶3Petitioner approached this court seeking a direction to respondents to remove illegal encroachment / possession of respondent No. 7 from the land of gata No. 1225 area 0.0460 at village - Patna, Par. & Tehsil - Fateshpur, District Barabanki which is recorded as Khalihan in the revenue record.

¶4Learned counsel for petitioner submits that respondent No.7 is are illegally encroaching upon the land of Gata No. 1225 situated at aforesaid village despite the fact that the same is public utility land and recorded as Khalihan. He further submits that on the basis of complaints preferred by the petitioner but the same have not been concluded.

¶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 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 :- 6.11.2023 Ravi/ High Court of Judicature at Allahabad, Lucknow Bench