Krishna Prasad v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue Lko. and 4 Others

Court No. - 17 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1103 of 2023 Petitioner :- Krishna Prasad Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 4 Others Counsel for Petitioner :- Fakhruddin Ali Ahmad Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Alok Mathur,J.

¶1Heard Sri Fakruddin Ali Ahmad learned counsel for petitioner as well as learned Standing Counsel for respondent No. 1 to 4.

¶2Petitioner approached this court seeking a direction to respondent Nos. 2 & 3 to ensure the removal of encroachment made over public utility land i.e. the Gata No. 866 and Gata No. 596 situated at Village - Saray Bhanauli, Pargana - Pashchimrath, Tehsil - Bikapur, District - Ayodhya which is recorded as Charagah and Banjar land in the revenue record.

¶3Learned counsel for petitioner submits that some villagers/encroachers are illegally encroaching upon the land of Gata No. 866 and Gata No. 596 hectare situated at aforesaid village despite the fact that the same is public utility land and recorded as Charagah and Banjar. 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 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 respondent No. 4 and in case such an application is made within two weeks from today, respondent No. 4 is directed to proceed to consider and decide the same expeditiously in accordance with law. (Alok Mathur, J.) Order Date :- 29.11.2023 Ravi/ High Court of Judicature at Allahabad, Lucknow Bench