Satyadev Dubey v. State of U.P. Thru. Secy. Revenue, Lko. and 5 Others

Court No. - 17 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1030 of 2023 Petitioner :- Satyadev Dubey Respondent :- State Of U.P. Thru. Secy. Revenue, Lko. And 5 Others Counsel for Petitioner :- Vijay Bahadur Singh Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Alok Mathur,J.

¶1Heard Sri Vijay Bahadur Singh, learned counsel for petitioner as well as learned Standing Counsel for respondent Nos. 1 to 5 and Sri Govind Kumar Chaurasiya, Advocate holding brief of Sri Mohan Singh, learned counsel for respondent No. 6.

¶2It has been alleged by the petitioner in the present public interest litigation that respondent No. 6 which is the gaon sabha is encroaching upon gata No. 425594 area 0.010 hectare situated at Villager Rekhauna, Pargana - Paschim Rathh, Tahsil - Beekapur, District Ayodhya which is recorded as Nali.

¶3According to the petitioner instead of a nali, a chak-marg is existing in the said plot and there is no drain/nali due to which entire area get submerged and the villagers are suffering on account of the same.

¶4In the writ petition, a report of the Sub-Divisional Magistrate has also been annexed where an inquiry was conducted and in the inquiry, it was found that a chakmarg is existing on the said plot which is utilized by all the villagers and no nali could be found.

¶5In the aforesaid circumstances and also from the report of SDM, it transpires that a chakmarg is existing on Plot No. 425/594 of the said village. The Chakmarg is also a public utility land which is utilized by the villagers and no such direction can be given in writ proceedings for demolition of the Chakmarg and for construction of a nali. The gaon sabha which is a third tier of democracy as per Constitution is fully empowered to look into such matters and take decisions.

¶6The Revenue record only depicts the nature of land and the same can be suitably modified and amended as per procedure prescribed under the U.P. Revenue Code. Even if the averments in the writ petiton are presumed to be correct, and the plot is recorded as 'nali', the same can be suitably corrected/modifed to 'chackmarg' in accordance with law. In case the petitioner has any grievance with regard to flooding due to non-existence of the drain over the said plot, it is appropriate to move an appropriate application to the competent authority who shall pass necessary orders in accordance with law.

¶7No direction as prayed by the petitioner can be granted in the present public interest litigation.

¶8With the above observations / directions, the public interest litigation is disposed of. (Alok Mathur, J.) Order Date :- 6.11.2023 Ravi/ High Court of Judicature at Allahabad, Lucknow Bench