Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1659 of 2021 Petitioner :- Dharmraj Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satish Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Pathak,J.
Heard Sri Satish Kumar Yadav, learned counsel for the petitioner, Sri Azad Rai, learned counsel for the Gaon Sabha/respondent no.5, learned Standing Counsel represents respondent nos.1, 2, 3 & 6 and perused the record.
At the out set, learned counsel for the petitioner prays for to implead the Gaon Sabha, Village Baksenda, Sikandra, Tehsil Phulpur, District Prayagraj and Tehsildar, Tehsil Phulpur, District Prayagraj, in the array of parties in present writ petition as respondent nos.5 & 6, respectively.
Learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner.
Accordingly, prayer as made by counsel for the petitioner is allowed.
Counsel for the petitioner is permitted to implead the Gaon Sabha, Village Baksenda, Sikandra, Tehsil Phulpur, District Prayagraj and Tehsildar, Tehsil Phulpur, District Prayagraj, in the array of parties in present writ petition as respondent nos.5 & 6, during the course of the day.
Instant writ petition has been filed by the petitioner in the nature of Public Interest Litigation (PIL) beseeching mandamus commanding the Tehsildar, Tehsil Phulpur, District Prayagraj (respondent No.6) to remove the illegal encroachment made by respondent no.4 over plot No.476 area 0.0270 hectare, situate in Village Baksenda, Sikandra, Tehsil Phulpur, District Prayagraj.
It is submitted that public utility land i.e. plot No.476 area 0.0270 hectare, situate in Village Baksenda, Sikandra, Tehsil Phulpur, District Prayagraj is recorded as Chakmarg in the revenue record. Extract of Khatauni 1425 to 1430 fasli is filed as annexure no.1. Respondent no.4 has illegally encroached upon the land in question, without any legal right and title, otherwise than in accordance with the law, which is causing inconvenience to the public in large. It is further submitted that petitioner has filed representations dated 06.10.2020 and 03.11.2020, which are collectively filed as annexure no.4, before the authorities concerned to ventilate his grievances qua illegal encroachment made by respondent no.4 over the plot in question as mentioned above.
Grievance of the petitioner is that despite the representations dated 06.10.2020 and 03.11.2020 (annexure no.4), having been submitted, till date no effective measures have been taken by the authorities concerned to remove the illegal encroachment made by respondent no.4 over the plot in question, to either initiate a proceeding under the relevant provisions of U.P. Revenue Code, 2006 or reject the application filed by the petitioner. It is thus urged that not taking any action against the encroachment over the public property amounts omission from legal obligation entrusted upon the officer concerned under the law.
Learned Standing Counsel and learned counsel for the Gaon Sabha, however, contended that petitioner has an alternative and efficacious remedy to move an application under Section 67 of U.P. Revenue Code, 2006, with respect to his grievances as made in the present writ petition.
In this conspectus as above, no useful purpose would be served to keep this matter pending, therefore, this court deems it appropriate to finally dispose of the present writ petition filed in the nature of public interest litigation (PIL), without making any observation on the merits of the case as mentioned in the present writ petition, with a direction that petitioner is at liberty to move a fresh representation, within period of three weeks from today, qua his grievances as mentioned in the present writ petition alongwith copy of this order before Tehsildar, Tehsil Phulpur, District Prayagraj (respondent No.6), who shall take action and initiate legal proceeding under the relevant provisions of U.P. Revenue Code, 2006 read with U.P. Revenue Code Rules, 2016 and conclude the same in accordance with law expeditiously, preferably, within a period of four months from the date of receipt of the aforesaid representation.
The petitioner shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad supported by an affidavit, which shall be verified by the concerned authority from the website of the High Court, Allahabad.
With the aforesaid observation, present writ petition is disposed of.
Order Date :- 7.10.2021 VKG