Court No. - 18
Case :- WRIT - C No. - 20481 of 2018 Petitioner :- Bhagwati Respondent :- Collector And 4 Others Counsel for Petitioner :- Anil Kumar Tiwari Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel. Shri T.M. Khan appears for Gaon Sabha.
In view of the order proposed to be passed, notices need not go to private respondent.
The petitioner is before this Court for a direction to respondent nos.1 to 3 to demolish the illegal encroachment made by respondent no.4 over the plot in question within stipulated period.
At the outset, learned Standing Counsel raised a preliminary objection regarding the maintainability of the writ petition on the ground that for the reliefs claimed in the writ petition, full fledged mechanism is provided in the UPZA & LR Act 1950 in the form of Section 122-B and Section 67(1) of Land Revenue Act 2006 and once alternative remedy is available there is no reason or occasion to interfere in the matter.
The Court has proceeded to examine the record in question and find substance in the objection raised by learned Standing Counsel. In case the petitioner has any grievance, he may file appropriate application in view of the aforesaid provisions and in case any such application is filed before the SDM concerned, the same will be decided by the authority concerned in accordance with law expeditiously and preferably within four months from the date of production of certified copy of this order but certainly after giving opportunity to the parties concerned.
The writ petition is disposed of accordingly.
Order Date :- 30.5.2018 SP/