Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1493 of 2021 Petitioner :- Laxman Prasad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Tiwari Counsel for Respondent :- C.S.C.,Arun Kumar Pandey Hon'ble Dinesh Pathak,J.
Heard Sri Santosh Kumar Tiwari, learned counsel for the petitioner, Sri Arun Kumar Pandey, learned counsel for the Gaon Sabha/respondent no.4, learned Standing Counsel represents respondent nos.1 to 3 and perused the record.
Learned Standing Counsel has filed copy of instruction dated 05.09.2021, which is taken on record.
Instant writ petition has been filed by the petitioner in the nature of Public Interest Litigation (PIL) for removal of illegal encroachment over plot No.370 area 0.2100 hectare, situated in Gram Panchayat Nisvi, Pargana and Tehsil Milak, District Rampur.
It is submitted by counsel for the petitioner that land in question is recorded as Khalihan in the revenue record. In support of his case he has filed extract of Khatauni 1425-1430 fasli (Annexure No.1). It is further submitted that co-villagers of the village in question, in collusion with village pradhan are trying to encroached the aforesaid land by way of making construction in the grab of public convenience. It is further submitted that without changing the nature and use of the land, gaon sabha has made construction of school over the land in question and now proposed to construct the water tank over the partial area of the land in question. He further submitted that aforesaid activities have been brought to the knowledge of District Magistrate, Rampur by moving several representations. Last representation dated 18.08.2021 moved before the District Magistrate, Rampur is filed as annexure no.4 to the writ petition.
Learned Standing Counsel and learned counsel for the Gaon Sabha/respondent no.4, however, contended that petitioner has an alternative and efficacious remedy to move an application under Section 67 of U.P. Revenue Code, 2006, with respect to his grievances as made in the present writ petition.
In this conspectus as above, no useful purpose would be served to keep this matter pending, therefore, this court deems it appropriate to finally dispose of the present writ petition filed in the nature of public interest litigation (PIL), without making any observation on the merits of the case as mentioned in the present writ petition, with a direction that petitioner is at liberty to move a fresh representation, within period of three weeks from today, qua his grievances as mentioned in the present writ petition alongwith copy of this order before District Magistrate, Rampur (respondent No.2), who shall either decide the same himself or direct the authority concern to take appropriate decision, under the relevant provisions of law as applicable expeditiously, preferably, within a period of four months from the date of receipt of the aforesaid representation.
The petitioner shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad supported by an affidavit, which shall be verified by the concerned authority from the website of the High Court, Allahabad.
With the aforesaid observation, present writ petition is disposed of.
Order Date :- 20.9.2021 VKG