Sunil Kumar Tiwari v. State of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Revenue U.P. Lko. and Others

Court No. - 17 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1076 of 2023 Petitioner :- Sunil Kumar Tiwari Respondent :- State Of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Revenue U.P. Lko. And Others Counsel for Petitioner :- Vedika Dwivedi,Ganesh Nath Mishra,Himanshu Tiwari Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Alok Mathur,J.

¶1Heard learned counsel for petitioner as well as learned Standing Counsel for State -respondents while notice on behalf of Gaon Sabha-respondent No.6 has been accepted by Sri Pankaj Gupta.

¶2In light of the proposed order, notices to private respondents are dispensed with.

¶3Petitioner has approached this court seeking a direction to the respondents to remove unauthorized possession/construction from the chak marg of gata No.s 512, 489 and 507 situated in Village Vishambharpur, Pargana, Tehsil and District Gonda, expeditiously.

¶4Learned counsel for petitioner submits that aforesaid gatas are recorded as Chak Marg in the revenue records.

¶5It is further submitted that private respondents have made encroachment over the said plots which are chak marg which has become narrow/less and the villagers are suffering from several problems in daily routine works.

¶6Learned Standing Counsel, on the other hand, has submitted that petitioner has efficacious remedy under Section 26 of U.P. Revenue Code, 2006 where after obtaining report of Revenue Inspector and issuing notices to the alleged encroachers, effective orders for removal of the alleged encroachments as well as levy of penalty can be passed in case the allegations are found correct.

¶7Learned 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.

¶8Accordingly, without entering into merits of the case, the writ petition, is disposed of with a liberty to the petitioner to move an application before the competent authority and in case such an application is made the said authority is directed to proceed to consider and decide the same expeditiously in accordance with law. (Alok Mathur, J.) Order Date :- 18.11.2023 RKM. High Court of Judicature at Allahabad, Lucknow Bench