Vimala Yadav v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Civil Sectt. Lko and 6 Others

Court No. - 17 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1134 of 2023 Petitioner :- Vimala Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Civil Sectt. Lko And 6 Others Counsel for Petitioner :- Saubhagya Mishra,Abhishek Mishra 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 respondents.

¶2In light of the proposed order, notices to private respondent is dispensed with.

¶3Petitioner approached this court seeking a direction to opposite parties to remove the unauthorized possession/ construction from the Gaon Sabha land bearing gata no.203 measuring area 0.1260 Hectare (Khad Gaddha) situated at village Selhoopara, Post Loknathpur, Pargana - Aldemau, Tehsil Kadipur, District - Sultanpur.

¶4Learned counsel for petitioner submits that gata no.203 measuring 0.1260 hectare situated at village Selhoopara, Post Loknathpur, Pargana Aldemau, Tehsil Kadipur, District Sultanpur is gaon sabha land and the private respondent no.7 is a bhumafia who has encroached over the aforesaid public utility land and is also raising construction over the said land.

¶5Learned Standing Counsel on the other hand has submitted that petitioner has efÏcacious 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 within two weeks from today, the said authority is directed to proceed to consider and decide the same expeditiously in accordance with law, say within a period of period of four months. Order Date :- 11.12.2023 mks High Court of Judicature at Allahabad, Lucknow Bench