Court No. - 18
Case :- WRIT - C No. - 20328 of 2018 Petitioner :- Hari Ram Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Sharad Chandra Singh,Shashi Bhushan Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondent nos.1 and 2.
The petitioner is before this Court with request to issue direction to the second respondent to decide his representation dated 20.3.2018 for removal of encroachment over Gata No.975 area 0.471 hectares made by the private respondents.
Learned counsel appearing for the respondents have raised objection regarding maintainable of the writ petition on the ground that in case the private respondents are in illegal occupation over the public utility land, then for the said purpose 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 as such, the private respondents cannot be removed without following the due procedure provided under law.
In view of the above, without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, the writ petition is disposed of finally, with observation that in case the private respondents are in illegal occupation over the land in question, then the petitioner will initiate proceeding under Section 122B of UP ZA & LR Act/ Section 67 of the U.P. Revenue Code, 2006 for their eviction from the land in question.
Order Date :- 30.5.2018 RKP