Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1716 of 2020 Petitioner :- Jai Prakash Singh Respondent :- State Of U P And 7 Others Counsel for Petitioner :- Chandra Kumar Rai Counsel for Respondent :- C.S.C.,Anand Kumar Pandey,Bhupendra Kumar Tripathi
Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner, Sri Anand Kumar Pandey, learned counsel for the respondent nos.5 to 7 learned Standing Counsel for the respondent nos.1 to 3 and Sri Bhupendra Kumar Tripathi, learned counsel for the respondent no.4-Gaon Sabha and perused the record. Counter affidavit filed by learned counsel for the respondent nos.5 to 7 is taken on the record.
Present writ petition has been filed by the petitioner in the nature of Public Interest Litigation (PIL) for removal of illegal encroachment made by private respondent nos.5 to 8 over Plot nos.1472, 1473 and 1648, situated in Village-Tajopur Tola, Tajopur Mau, District-Mau.
It is submitted that public utility land i.e. Plot nos.1472, 1473 and 1648 situated in Village-Tajopur Tola, Tajopur Mau, District-Mau are recorded as 'chak marg' in the revenue record. Respondent nos.5 to 8 have 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 at large. Petitioner claims that aforesaid plots are public utility land on the spot. It is further submitted that the petitioner has filed representations dated 09.08.2019 and complaint dated 22.09.2019 on the government web portal (i.e. jansunwai.up.nic.in), which have collectively been filed as Annexure-3 and also a representation dated 27.05.2020 (Annexure-4), before the authorities concerned to ventilate his grievances qua illegal encroachment made by respondent nos.5 to 8 over the plot in question as mentioned above.
Grievance of the petitioner is that despite the representations dated 09.08.2019, 22.09.2019 and 27.05.2020 having been submitted, till date no effective measures have been taken by the authorities concerned to remove the illegal encroachment made by respondent nos.5 to 8, over plots in question, to either initiate a proceeding under the relevant provisions of U.P. Revenue Code, 2006 or reject the applications 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 counsel appearing for the respondent nos.5 to 7 submits that with respect to Plot no.1648 a civil suit is pending in the Court of Civil Judge (Junior Division), Mau. Learned Standing Counsel as well as learned counsel for the respondent- Gaon Sabha contended that the petitioner has an alternative and efficacious remedy to move an application under Section 67 of the 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 writ petition, with a direction that petitioner is at liberty to move fresh representation, within period of three weeks from today, qua his grievances as mentioned in the present writ petition along with copy of this order before the S.D.M., Sadar, District-Mau (respondent no.3), 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 the period of three months from the date in receipt of the aforesaid representation. It is made clear that, in case, the respondent nos.5 to 7 have any objection, they may appear before the respondent no.3 through counsel and file their detailed objection qua their claim over the property in question, who shall decide the matter after hearing both the parties.
The petitioner shall file a 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 observations, this petition is finally disposed of.
Order Date :- 12.8.2021 Manish Himwan