Indrajeet Yadav v. State of U.P. Thru. Prin. Secy. Revenue Lko. and 8 Others

Court No. - 17 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1046 of 2023 Petitioner :- Indrajeet Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 8 Others Counsel for Petitioner :- Hanumant Lal Yadav Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Alok Mathur,J.

¶1Heard Sri Hanumant Lal Yadav, learned counsel for the petitioner as well as learned Standing counsel for the State-respondents while notice for the Gaon Sabha-respondent No.5 has been accepted by Sri Mohan Singh.

¶2By means of the present public interest petition the petitioner has stated that the land of gata No.74 which is recorded as pond, land of gata No.56 which is recorded as chakmarg, land of gata No.62 recorded as Khad Gaddha and land of gata No.77 recorded as Khalihan in the revenue records situated in Village Bhagautipur Uttar Post Sheshanpur, Lambhuwa, District Sultanpur are public utility lands where the private respondents have illegally encroached/made illegal possession and constructions. It is further submitted that several representations in this regard have been given to the concerned authorities but no proceedings have been initiated by them.

¶3Learned Standing counsel, on the basis of the instructions, has informed this Court that in respect of the aforesaid encroachments the proceedings under Section 67 of U.P. Revenue Code, 2006 have already been initiated against private respondents in the court of Tehsildar Lakbhuwa vide Case No.s T 202304680304768 and T 202304680304768 in which next date fixed is 17.11.2023 and the same shall be concluded expeditiously.

¶4In light of the above and also considering the fact that under Section 67 of the Code of 2006 the competent authority has full powers to clear illegal encroachments from public utility land and also to impose penalty and also considering that appropriate proceedings have already been initiated, no further directions are required to be issued by this Court. However, it is expected that the competent authority shall proceed in the matter and conclude the same expeditiously in accordance with law.

¶5The petition, thus, stands disposed off. (Alok Mathur, J.) Order Date :- 7.11.2023/RKM. High Court of Judicature at Allahabad, Lucknow Bench