Ajay Yadav v. State of U.P. Thru. Prin. Secy. Revenue Lko. and 4 Others

Court No. - 17 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1104 of 2023 Petitioner :- Ajay Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 4 Others Counsel for Petitioner :- Rakesh Kumar Yadav Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Alok Mathur,J.

¶1Heard Sri Rakesh Kumar Yadav, learned counsel for petitioner as well as learned Standing Counsel for respondent No. 1 to 3 and Sri Pankaj Gupta, learned counsel for respondent No. 4.

¶2In light of the proposed order, notices to respondent No. 5 is dispensed with.

¶3Petitioner approached this court seeking a direction to respondents to get remove the illegal encroachment/possession of the respondent No. 5 from the land gata No. 630/0.013 hec. in the revenue record situated at Village Pidi, Tahsil Jaisinghpuri, District Sultanpur.

¶4Learned counsel for petitioner submits that respondent No. 5 is illegally encroaching upon the land of Gata No. 630 situated at aforesaid village despite the fact that the same is public utility land and recorded as Khalihan in the revenue records. 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. T20150468071817 (Gaon Sabha Vs. Ramjit) and Case No. T20080468740 (Gaon Sabha Vs. Ramkaran)have already been registered and notices have been issued to the alleged encroachers 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 :- 29.11.2023 Ravi/ High Court of Judicature at Allahabad, Lucknow Bench