Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1134 of 2021 Petitioner :- Manoj Kumar Mishra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shyam Shankar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the respondent nos.1 to e and perused the record.
Present wit petition has been filed by the petitioner in the nature of Public Interest Litigation (PIL) for removal of illegal encroachment made by respondent no.5 over Plot no.738, situated in Village-Aswan, Pargana-Mungra, Tehsil-Machhlishahar, District-Jaunpur.
It is submitted that public utility land i.e. Village-Aswan, Pargana-Mungra, Tehsil-Machhlishahar, District-Jaunpur. is recorded as "Bhita" in the revenue Record. Respondent no.5 has illegally encroached upon the land in question, without any legal right and title, otherwise than in accordance with the law, which is causing inconvenience to the public at large. In support of his case, petitioner has filed extract of Khatauni 1424 Fasli to 1429 Fasli (Annexure no.2). It is further submitted that the petitioner has filed representation dated 18.12.2020 (Annexure-3), to ventilate his grievances qua illegal encroachment made by respondent no.6 over the plot in question as mentioned above.
Grievance of the petitioner is that despite the representation dated 18.12.2020, having been submitted, till date no effective measures have been taken by the authorities concerned to remove the illegal encroachment made by respondent no.6, over plot in question, to either initiate a proceeding under the relevant provisions of U.P. Revenue Code, 2006 or reject the application filed by the petitioner. It is thus urged that not taking any action against the encroachment over the public property amounts omission from legal obligation entrusted upon the officer concerned under the law.
Learned Standing Counsel, however, contended that petitioner has an alternative and efficacious remedy to move an application under Section 67 of the 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 writ petition, with a direction that petitioner is at liberty to move fresh representation, within period of three weeks from today, qua his grievances as mentioned in the present writ petition along with copy of this order before the Assistant Collector/Sub Divisional Officer, Tehsil-Machhlishahar, District- Jaunpur (respondent no.3), who shall take action and initiate legal proceeding under the relevant provisions of U.P. Revenue code, 2006 read with U.P. Revenue Code Rules, 2016 and conclude the same in accordance with law expeditiously, preferably, within the period of three months from the date in receipt of the aforesaid representation.
The petitioner shall file a 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 observations, this petition is finally disposed of.
Order Date :- 29.7.2021 Manish Himwan