Court No. - 30
Case :- WRIT - C No. - 41800 of 2018 Petitioner :- Jairam Respondent :- State Of U P And 12 Others Counsel for Petitioner :- Kalp Nath Counsel for Respondent :- C.S.C.,Dharam Deo Chauhan
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as Sri B.P. Singh, learned Standing Counsel appearing for the State respondents and perused the record.
Present petition has been filed with a prayer to direct the respondents no. 2 to 5 and 6 to 13 to remove the illegal encroachment made over the plot no.220, 241 and 242 and stop interruption/block of passage situated in village Deoria Ganga, Tappa Dakshini Haveli, Pargana Maghar, Tehsil Khalilabad, District Sant Kabir Nagar, which has been recorded as Navin Parti Kadim in the revenue record and cover under the gaon sabha land and State land.
Submission of learned counsel for the petitioner is that the respondents no. 1 to 5 have illegally encroached the gaon sabha land and because of their encroachment the distance for reaching certain public utility has increased and therefore, the encroachment is liable to be removed.
Per contra, learned Standing Counsel submits that from the representations given by the petitioner it is clear that there is a private dispute between the parties and therefore, no interference is warranted and the petitioner also has alternative remedy under Section 25 of the UP Revenue Code, 2006.
I have considered the rival submissions and perused the record.
In the revenue record, plot in question is shown to be parti kadim and prima facie appears to be gaon sabha land, however, grievance of the petitioner may be personal in nature.
In such view of matter, present petition stands disposed of with liberty to the petitioner to approach the appropriate authority under Section 25 of the UP Revenue Code, 2006.
It is however directed that in case the authority finds that there is an encroachment on the gaon sabha land, then he shall forward the papers for necessary action to the authority concerned under Section 26 or under Section 67 of the UP Revenue Code, 2006, as the case may be. In case provision of Section 25 of the Code is invoked, the authority concerned shall consider and decide the same, preferably within a period of three months from the date of invoking of the provisions.
No order as to costs.
Order Date :- 18.12.2018 Abhishek