Court No. - 18
Case :- WRIT - C No. - 15172 of 2018 Petitioner :- Birendra Nath Rai Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kalindra Kumar Rai Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri K.K. Rai, learned counsel for the petitioner and Shri Anurag Srivastava, learned Standing Counsel for the State respondents.
Petitioner is before this Court with the request to command the fifth respondent, who has encroached upon the public utility land Arazi no.187 (Kha) area 0.014 hectare, Mauja Chak Ahamad, Goree Khas, Pargana Mohammadabad, District Ghazipur, to remove the said encroachment from the land in question. Further prayer has been made to ask the Assistant Collector/Tehsildar Judicial, Mohamadabad, District Ghazipur to start the proceeding under Section 122-B UPZA&LR Act/67 of Land Revenue Act, 2006 against the incumbents, who have approached over the said land.
Shri Anurag Srivastava, learned Standing Counsel raised an objection that in case petitioner has any grievance, full fledged mechanism is provided in the form of Section 122-B UPZA&LR Act 1950/67 U.P. Revenue Code, 2006 for instituting suit for ejectment of an incumbent, who has encroached upon the public utility land and as such, no relief can be accorded to the petitioner.
Once such an objection has been made, this Court has proceeded to examine the record and find substance in the contention raised by learned Standing Counsel as the grievance of the petitioner in respect of public utility land can be determined by the Court below in the suit proceedings and straightway the petitioner has approached this Court instead of availing the said remedy and as such, no relief can be accorded to the petitioner. However, in the interest of justice, in case the petitioner moves an appropriate application/suit under Section 122-B UPZA&LR Act 1950/67 U.P. Revenue Code, 2006 for ejectment of unauthorized occupant, this Court hopes and trust that the same be considered and decided by the Competent Authority in accordance with law expeditiously, without granting any unnecessary adjournment to either of the parties except upon payment of cost but certainly after according opportunity of hearing to all the stake holders in the matter.
With these, the Writ Petition is disposed of.
Order Date :- 26.4.2018 A. Pandey