Shiv Karan Verma v. State of U.P. Thru. Prin. Secy. Revenue, Lko. and 5 Others

Court No. - 17 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1054 of 2023 Petitioner :- Shiv Karan Verma Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And 5 Others Counsel for Petitioner :- Sudhir Kumar Rai Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Alok Mathur,J.

¶1Heard Sri Sudhir Kumar Rai, learned counsel for petitioner as well as learned Standing Counsel for respondent No. 1 to 4.

¶2In light of the proposed order, notices to respondent No. 6 is dispensed with.

¶3Petitioner approached this court seeking a direction to respondents to initiate action against opposite party No. 6 for removal illegal encroachments over Gata No. 82 area 0.0580 hectare situated at Villager Sulhepur Pargana paschim Rath TAhsil Bikapur, District Ayodhya which is recorded as Chakmarg in the revenue record.

¶4Learned counsel for petitioner submits that respondent No. 6 is illegally encroaching upon the land of Gata No. 82 area 0.050 hectare situated at aforesaid village despite the fact that the same is public utility land and recorded as Chakmarg. He further submits that on the basis of complaints preferred by the petitioner, proceedings were initiated but the same have not been concluded.

¶5Learned Standing Counsel on the other hand has submitted that petitioner has efficacious remedy under Section 26 of U.P. Revenue Code, 2006 where it has been provided if the Tehsildar finds that any obstacle impedes the free use of a public road, path or common land of a village or obstructs the road or water course or source of water, he may direct the removal of such obstacle and may, for that purpose, use or cause to be used such force as may be necessary and may recover the cost.

¶6Learned counsel for petitioner at this stage submits that petitioner may be given liberty to move an application under Section 26 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 under Section 26 of U.P. Revenue Code before the concerned Tehsildar and in case such an application is made within two weeks from today, said authority is directed to proceed to consider and decide the same expeditiously in accordance with law. (Alok Mathur, J.) Order Date :- 9.11.2023 Ravi/ High Court of Judicature at Allahabad, Lucknow Bench