Munna Lal Shukla v. State of U.P. Thru. Prin. Secy. Revenue U.P. Lko. and 6 Others

Court No. - 17 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1139 of 2023 Petitioner :- Munna Lal Shukla Respondent :- State Of U.P. Thru. Prin. Secy. Revenue U.P. Lko. And 6 Others Counsel for Petitioner :- Arun Kumar Tewari Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Alok Mathur,J.

¶1Heard Sri Arun Kumar Tewari, learned counsel for petitioner as well as learned Standing Counsel for respondent No. 1 &2.

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

¶3Petitioner approached this court seeking a direction to respondent No. 2 to remove illegal encroachment made by private respondents over the Gata No. 832/0.0690 hect. recorded as Talab (Jalmagn Land), village - Itraur, Tehsil Mankapur, district - Gonda.

¶4Learned counsel for petitioner submits that private respondents are illegally encroaching upon the land of Gata No. 832/0.0690 hect. situated at aforesaid village despite the fact that the same is public utility land and recorded as Talab (Jalmagn) in the revenue records.

¶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 Tehsildar concerned 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. (Alok Mathur, J.) Order Date :- 12.12.2023/Ravi/ High Court of Judicature at Allahabad, Lucknow Bench