Court No. - 6
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1834 of 2019 Petitioner :- Mohd. Ishak Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Avinash Chandra Srivastava Counsel for Respondent :- C.S.C.,Dharam Deo Chauhan
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner, Sri D.D. Chauhan for Gaon Sabha and the learned Standing Counsel.
The petitioner, invoking the jurisdiction of the Court in public interest, seeks the removal of an alleged encroachment made on public utility land, comprising of Gata No.49, which is recorded as Kabristan situate in Village Mudar Buzurg, Post Lahra (Daldala), Gram Panchayat Kamarihiya, Tehsil Bansi, District Siddhartha Nagar.
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 :- 27.9.2019 Vivek Kr.