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Leelawati v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue Civil Sectt. Lko. and 6 Others

Court
High Court of Judicature at Allahabad
Decided
7 November 2023
Bench
Alok Mathurauthor
Case no.
1034/2023

Judgment

Court No. - 17 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1034 of 2023 Petitioner :- Leelawati Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Civil Sectt. Lko. And 6 Others Counsel for Petitioner :- Saurabh Yadav,Manjari Singh,Vikrant Prakash,Yogendra Nath Yadav Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Alok Mathur,J.

¶1Heard learned counsel for the petitioner, learned Standing counsel for the State and Sri Dilip Kumar Pandey for the Gaon Sabha.

¶2By means of the present public interest petition the petitioner has stated that the land of Khasra No.1350 area

0.8790 hectare situated in Village Khujhauli, Tehsil Mohanlalganj, DistrirctLucknow which is recorded as Usar in revenue record/khatauni is a public utility land where the private respondents No.6 and 7 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 the proceedings under Section 67 of U.P. Revenue Code, 2006 have already been initiated vide Case No.T-202210460323586 in which next date fixed is 9.11.2023 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

Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.