Munna Lal v. State of U.P. Thru. Prin. Secy. Revenue Deptt., Lucknow and Others

Court No. - 17 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1153 of 2023 Petitioner :- Munna Lal Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lucknow And Others Counsel for Petitioner :- Mohd.Yasin Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Alok Mathur,J.

¶1Heard Sri Vijay Kumar Mishra, learned counsel for petitioner as well as learned Standing Counsel for respondent No. 1 to 4 and Sri Pankaj Gupta, learned counsel for respondent No. 5.

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

¶3Petitioner approached this court seeking a direction to Sub-Divisional Magistrate, Tahsil - Lambhua, District - Sultanpur for removal of the encroachments of private respondents over the Survey No. 551 Mi having rea 0.3830 hect. situated at Village - Nevadanupur, Pargana - Chanda, Tahsil - Lambhua, District sultanpur which is recorded as Banjar land in the revenue record.

¶4Learned counsel for petitioner submits that private respondents are illegally encroaching upon the land of Survey No. 551 Mi situated at aforesaid village despite the fact that the same is public utility land and recorded as Banjar.

¶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 concerned Tehsildar and in case such an application is made within two weeks from today, concerned Tehsildar is directed to proceed to consider and decide the same expeditiously in accordance with law. (Alok Mathur, J.) Order Date :- 13.12.2023 Ravi/ High Court of Judicature at Allahabad, Lucknow Bench