Dayaram v. State of U.P. Thru. Its Prin. Secy. Home Deptt., Lko. and Others

Court No. - 17 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1075 of 2023 Petitioner :- Dayaram Respondent :- State Of U.P. Thru. Its Prin. Secy. Home Deptt., Lko. And Others Counsel for Petitioner :- Sameer Shukla Counsel for Respondent :- C.S.C.,Mohan Singh 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.5 has been accepted by Sri Mohan Singh.

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

¶3Petitioner has approached this court seeking a direction to opposite parties No.1 to 4 for removal of illegal encroachments made by the private respondents over gata No.211 situated in Village Tai Kala, Tehsili Nawabganj, District Barabanki, expeditiously.

¶4Learned counsel for petitioner submits that the said gata in aforesaid Village is recorded as Abadi in the revenue records and is public utility land over which the private respondents have made encroachment and despite various applications made by the petitioner they are not removing the said illegal encroachments.

¶5Learned Standing Counsel, on the other hand, has submitted that petitioner has efficacious remedy under Section 67 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.

¶6Learned counsel for petitioner at this stage submits that petitioner may be given liberty to move an application under Section 67 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 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