Ranvijay Singh v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Civil Sectt. Lko and 4 Others

Court No. - 17 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1063 of 2023 Petitioner :- Ranvijay Singh Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Civil Sectt. Lko And 4 Others Counsel for Petitioner :- Amit Kumar Singh Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Alok Mathur,J.

¶1Heard Sri Amit Kumar Singh, learned counsel for the petitioner as well as learned Standing Counsel for 1 to 3 and Sri Mohan Singh, learned counsel appearing for respondent no. 4.

¶2By means of present writ petition the petitioner has sought direction to the State respondents to remove illegal encorachment of private respondent on public land being Gata No. 655, area 0.0034 hectares situated at Village - Bela Paschim, Pargana - Meerajpur, Tehsil - Sadar, District - Sultanpur.

¶3It is submitted by learned counsel for the petitioner that private respondent no. 5 has illegally encroached upon the public land being Gata No. 655, area 0.0034 hectares situated at Village - Bela Paschim, Pargana - Meerajpur, Tehsil - Sadar, District - Sultanpur, which plot is registered as "General Abadi" in the revenue records. In this regard the petitioner has moved an application dated 04.10.2023 under Section 67 of the U.P. Revenue Code, 2006 before the competent authority but till date no action has been taken for removal of illegal encroachment by private respondent from the aforesaid public land.

¶4Learned Standing Counsel has submitted that since petitioner has already moved an application under Section 67 of the U.P. Revenue Code, 2006, wherein the competent authority is empowered to take action against illegal encroachers and imposition of penalty is also provided.

¶5Learned counsel for the petitioner at this stage submits that suitable direction may be issued to the competent authority to consider and decide his application dated 04.10.2023 for removal of illegal encroachment by the illegal encroacher from the aforesaid public land.

¶6Learned Standing Counsel has no objection to the above limited prayer made by learned counsel for the petitioner.

¶7In view of above, without entering into the merits of the case, present writ petition is disposed of with direction to the competent authority to proceed to consider and decide the application of the petitioner dated 04.10.2023, under Section 67 of the U.P. Revenue Code, expeditiously, in accordance with law. Order Date :- 9.11.2023 A. Verma (Alok Mathur, J.) High Court of Judicature at Allahabad, Lucknow Bench