Court No. - 10
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 59250 of 2017 Petitioner :- Islam Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Ram Sajivan Tripathi Counsel for Respondent :- C.S.C.,Manish Dev Singh,Manoj Kumar Yadav,Mool Chandra Mishra
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the parties.
Present public interest litigation (PIL) has been filed for a direction to restrain the private incumbents to encroach upon the land in question, which is recorded as 'pond' in the revenue record.
An objection has been raised by learned counsel for the opposite parties that so far as the rights of the parties are concerned, the same had already been crystallized in the consolidation proceedings and in the garb of public interest litigation, their valuable rights cannot be curtailed. He has also apprised to the Court that second consolidation proceeding is also on.
The Court has proceeded to examine the record in question and is of the opinion that in case there is any encroachment over the public utility land, there is ample remedy available under Section 67 of the U.P. Revenue Code, 2006 and as such no interference is required in the matter. In case any such claim is set up as per the aforesaid provisions, the authority would proceed and finalise the said proceeding strictly in accordance with law but certainly after giving opportunity to all the stake holders in the matter.
The petition stands disposed of accordingly.
Order Date :- 29.4.2019 SP/