Ram Prasad v. State of U.P. Thru. Secy. Revenue Deptt. Civil Secrt. Lko. and 7 Others

Court No. - 19 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1172 of 2023 Petitioner :- Ram Prasad Respondent :- State Of U.P. Thru. Secy. Revenue Deptt. Civil Secrt. Lko. And 7 Others Counsel for Petitioner :- Anil Kumar Tiwari Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. Notice on behalf of the respondents No.1 to 4 has been accepted by the office of Chief Standing Counsel. Shri Mohan Singh, learned counsel has accepted notice for the respondent No.5. The instant petition has been filed in the nature of Public Interest Litigation seeking a direction in the nature of mandamus commanding the respondents No.1, 2 and 3 to initiated steps to vacate the Gram Sabha's land which is recorded in the revenue record as "Rasta" which is said to have been encroached by the private-respondents. The submission of the learned counsel for the petitioner is that the petitioner had made a complaint to the S.D.M. concerned, which was in turn marked to the Tehsildar, however, no action has been taken. In the aforesaid backdrop, the petitioner has approached this Court seeking the aforesaid remedy. Having considered the aforesaid submissions and from a perusal of the material on record, apparently, the petitioner has not disclosed his credential as required in terms of Chapter-XXII Rule 1(3-A) of the Allahabad High Court Rules, 1952. The nature of dispute which is raised as well as the fact that it is the private-respondents, who have allegedly encroached the gaon sabha's land which is recorded as "Rasta", the petitioner having alternate and efficacy remedy of moving under the provisions of U.P. Revenue Code, 2006 as well as further remedy also in accordance with Section 133 Cr.P.C. Accordingly, this Court is not inclined to entertain the aforesaid petition leaving it open for the petitioner to approach the appropriate authority in accordance with provisions as available in law. With the aforesaid, the petition is dismissed. Order Date :- 19.12.2023 Rakesh/- High Court of Judicature at Allahabad, Lucknow Bench