Court No. - 42
Case :- WRIT - C No. - 26941 of 2020 Petitioner :- Jai Singh Jayant Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Ashok Kumar Tripathi Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner learned Standing Counsel appearing for the State respondents and Sri Kaushal Kishore Mani, learned counsel appearing for the respondent- Gaon Sabha.
Supplementary affidavit filed today is taken on record.
Present petition has been filed seeking direction to the respondent nos. 1 to 3 to take necessary action against the respondent nos. 5 to 10 for removal of illegal encroachment over the land of chakroad i.e. Khasra No. 297 and 308 situated in Village Rookanpur, Tehsil Sadar, District Muzaffarnagar.
On 9.8.2021 following order was passed:-
"By an order dated 7.12.2019, the petitioner was directed to approach the Tehsildar under Section 25/26 of the U.P. Revenue Code, 2006.
Upon the order being passed, the petitioner filed an application on 15.2.2020.
Learned Standing Counsel to inform the Court as to why this application has till date not been decided.
Place this petition as fresh on 6.9.2021."
Thereafter, learned Standing Counsel had filed instructions dated 2.9.2021 annexing therewith copy of the order dated 31.8.2021, which is taken on record. Alongwith instructions coloured photographs have been annexed and copies of other relevant documents have also been annexed.
Learned counsel for the petitioner is still insisting by filing supplementary affidavit that the encroachment has not been removed.
In view of the fact that the petitioner had already been directed to approach Tehsildar under Section 25/26 of the U.P. Revenue Code, 2006 and in such proceedings the order dated 31.8.2021 had already been passed, I am not inclined to keep this petition pending.
The petitioner has alternative remedy by way of filing revision under Section 27 of the Code.
It may also be noticed that the proceedings under Section 26 of the Code were undertaken at the instance of the petitioner.
In such view of the matter, present petition stands disposed of with liberty to the petitioner to file revision under Section 27 of the Code, if so advised.
It is, however, provided that in case the petitioner files revision as per statutory provisions within a period of three weeks, the same shall be entertained by the revisional authority without raising objection regarding limitation.
It is made clear that this Court has not considered the claim of the petitioner on merits.
With the aforesaid observation, present petition stands disposed of.
Order Date :- 30.9.2021 Lalit Shukla