Court No. - 37
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 18 of 2021 Petitioner :- Lalmani Kannaujia Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Vinay Kumar Pathak Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Rajiv Joshi,J.
Heard Sri Vinay Kumar Pathak, learned counsel for the petitioner and learned Standing Counsel for the State- respondents.
The petitioner, invoking the jurisdiction of this Court in a public interest litigation, seeks the removal of an alleged encroachment made on khasra no. 681 area 0.0530 hectare, which is recorded as pond land (reserved land), situated at Village Arjanipur, Tappa Bangawan, Pargana-Amroha, Tehsil Harraiya, District Basti and to restore the status of the pond in its original nature.
Since a statutory remedy is available under Section 67 of the U.P. Revenue Code, 2006, the Court is not inclined to entertain the petition. It is clarified that the Court has not expressed any opinion on the merits of the grievance. However, since a statutory remedy is available, the petitioner is permitted to file a comprehensive representation to the Assistant Collector, who shall, upon verification of facts, initiate a proceeding under Section 67 of the Code, if the facts and circumstances of the case so justify. In the event, such proceeding is initiated, an expeditious decision shall be taken thereon.
It is, however, clarified that all facts shall be subject to due verification and any proceeding that may be adopted will be with due notice to all the affected parties.
With these observations, the petition is disposed of. There shall be no order as to costs.
Order Date :- 13.1.2021 Noman