Dinesh Kumar v. State of U.P. Thru. Addil. Chief Secy. Revenue Deptt. Govt. Civil Secrt. Lko. and 7 Others

Court No. - 17 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1109 of 2023 Petitioner :- Dinesh Kumar Respondent :- State Of U.P. Thru. Addil. Chief Secy. Revenue Deptt. Govt. Civil Secrt. Lko. And 7 Others Counsel for Petitioner :- Rajneesh Tiwari Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Alok Mathur,J.

¶1Heard Sri Rajneesh Tiwari, learned counsel for petitioner as well as learned Standing Counsel for respondent No. 1 to 4.

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

¶3Petitioner approached this court seeking a direction to respondents to remove the encroachment over the the Gata No. 146, 147, 148 and 107 situated at Gram Devarda, Tehsil and District Gonda which recorded as Khad Gaddgha, Banjar, chakmarg and Chakmarg respectively.

¶4Learned counsel for petitioner submits that private respondents have illegally encroached upon aforesaid land situated at aforesaid village despite the fact that the same are public utility land. He further submits that petitioner has given several complaints regarding the illegal encroachment which has been done by the private respondents over the public utility land but the same are not concluded till date.

5.Learned Standing Counsel on the other hand has submitted that petitioner has efficacious remedy under Sections 26 & 67 of U.P. Revenue Code, 2006 where it has been provided if the Tehsildar finds that any obstacle impedes the free use of a public road, path or common land of a village or obstructs the road or water course or source of water, he may direct the removal of such obstacle and may, for that purpose, use or cause to be used such force as may be necessary and may recover the cost.

¶6Learned 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.

¶7Accordingly, without entering into merits of the case, the writ petition, is disposed of with a liberty to the petitioner to move applications under Sections 26 & 67 of U.P. Revenue Code before the concerned Tehsildar and in case such applications are is made within two weeks from today, said authority 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