Court No. - 18
Case :- WRIT - C No. - 14681 of 2018 Petitioner :- Kare Lal Sharma Respondent :- Commissioner And 3 Others Counsel for Petitioner :- Arvind Kumar Trivedi,Kamal Kaushal Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
The petitioner is before this Court for a direction to the respondents to decide his representation appended as Annexure No.4 to the writ petition regarding the encroachment over the chak road.
Shri Abhishek Shukla, learned Standing Counsel raised an objection that the relief as has been framed and drawn in this writ petition cannot be extended to the petitioner. In case the petitioner alleges encroachment over the chak mark (public utility land), there is remedial forum available in the form of Section 122-B UPZA & LR Act and Section 67 of U.P. Revenue Code, 2006 and as such merely on the basis of representation the aforesaid relief cannot be extended.
Confronted with this, learned counsel for the petitioner states that liberty may be accorded to the petitioner to file appropriate application as per the provisions of Section 67 of U.P. Revenue Code, 2006.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of with observation that in case any such application is moved by the petitioner within two weeks before the Tehsildar concerned, this Court hope and trust that the same would be considered and decided in accordance with law expeditiously but certainly after giving opportunity to the parties concerned.
Order Date :- 24.4.2018 SP/