Heard learned counsel for the petitioner and learned Standing Counsel on behalf of respondents no.1 to 4.
The petitioner has filed the present Public Interest Litigation inter-alia with the following prayers :-
"1. Issue a writ, order or direction in the nature of mandamus commanding the respondents authority to evicting the illegal encroachment made by respondent no. 5 to 14 over the Arazi no.746 area about 0.287 hectare situated Village Avarwa Sofiganj, Tappa Safahi Kuchaya, Pargana Sidwa Jogbana District Kushi Nagar, and respondent no.5 to 14 be restrain to raise construction over the Arazi no.746 area about 0.287 hectare situated Village Avarwa Sofiganj, Tappa Safahi Kuchaya, Pargana Sidwa Jogbana District Kushi Nagar. which is public utility land and recorded as pathway (Rasta) as per revenue records.
2. Issue a writ , order or direction in the nature of mandamus commanding the respondent no. 2 to 4 to demolish the construction made by the respondent no.5 to 14 in Arazi no.746 area about 0.287 hectare situated Village Avarwa Sofiganj, Tappa Safahi Kuchaya, Pargana Sidwa Jogbana District Kushi Nagar."
A preliminary objection has been raised by learned Standing Counsel that a statutory alternative remedy is available to the petitioner to approach the Tehsildar, concerned as provided under Rule 26 of the U.P. Revenue Code, 2006.
Heard learned counsel for the parties.
With the consent of learned counsel for the parties, the writ petition is being disposed of finally at the admission stage itself.
The Rule 26 of the U.P. Revenue Code, 2006 is quoted hereinbelow :-
"26. Removal of obstacle. - If the Tehsildar finds that any obstacle impedes the free use of a public road, path or common land of a village or obstructs the road or water course or source of water, he may direct the removal of such obstacle and may, for that purpose, use or cause to be used such force as may be necessary and may recover the cost of such removal from the person concerned in the manner prescribed."
In view of the matter, present petition is disposed of finally directing the petitioner to file appropriate application before the Tehsildar, concerned, as provided under Rule 26 of the U.P. Revenue Code, 2006 within a period of three weeks from today. If such an application is filed, the Tehsildar, concerned, is directed to take final decision in the matter most expeditiously and preferably within a period of six months from the date of receipt of self attested computer generated copy of this order downloaded from the official website of High Court Allahabad after providing opportunity of hearing to the parties concerned.
With the aforesaid observations, present writ petition is disposed of finally.
Order Date :- 19.1.2021 Pramod Tripathi