Imtiyaz Ahmad v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Lucknow and 8 Others

Court No. - 17 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1097 of 2023 Petitioner :- Imtiyaz Ahmad Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lucknow And 8 Others Counsel for Petitioner :- Dileep Singh,Yogesh Singh 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 respondent No. 1 to 6 and Sri Pankaj Gupta, learned counsel for Gaon Sabha.

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

¶3By means of the present writ petition, the petitioner has sought a direction to respondents to take necessary action against the unauthorized occupants and also for removal of encroachment upon the land situated at Gata No. 275 recorded as Pond/Talab in the revenue records situated at Village Raiaskaranpur, Pargana Dhingwas, Tehsil Kunda, District Pratapgarh.

¶4It has been submitted that the said land situated at Gata No. 275 in the said village is recorded as public utility land and has been illegally encroached by private respondents. It has also been stated that several representations have been made by the petitioner in this regard to the competent authority but no action has been taken by them consequently present writ petition has been filed.

¶5Learned Standing Counsel on the basis of instructions has submitted that proceedings under Section 67 of U.P. Revenue Code, 2006 have already been initiated against the illegal encroachers and Case No. T202302570108269 have already been registered and proceedings are going on and only after orders are passed, necessary action will be taken against the encroachers.

¶6In light of the above, considering the fact that proceedings in accordance with law i.e. U.P. Revenue Code, 2006 have already been initiated against the alleged encroachers, no further directions are required by this Court in exercise of powers under Article 226/227 of Constitution of India.

¶7However, the competent authority is directed to expedite the hearing in the aforesaid cases and pass necessary orders expeditiously in accordance with law.

¶8With the above observations / directions, the writ petition stands disposed of. (Alok Mathur, J.) Order Date :- 28.11.2023 Ravi/ High Court of Judicature at Allahabad, Lucknow Bench