Court No. - 18
Case :- WRIT - C No. - 15109 of 2018 Petitioner :- Mohd. Israr Khan Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Mohammad Fateh Counsel for Respondent :- C.S.C.,Rajesh Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Rajesh Kumar, learned Standing Counsel. Shri Rajesh Yadav appears for Gaon Sabha.
In view of the order proposed to be passed, notices need not go to private respondents.
The petitioner is before this Court for a direction to the respondents to take appropriate action against the private respondents for illegal encroachment over land in question, which is public utility land.
Shri Rajesh Kumar, learned Standing Counsel, raised a preliminary objection regarding maintainability of the writ petition on the ground that for the reliefs claimed in the writ petition full fledged mechanism is provided under Section 67 of U.P. Revenue Code and without availing the same the petitioner has approached this Court and as such the writ petition is not maintainable.
The Court has proceeded to examined the record in question and find substance in the objection raised by learned Standing Counsel. The petitioner, if aggrieved, has every right to invoke such remedial forum.
Considering the facts and circumstances, the writ petition stands disposed of asking the petitioner to move appropriate application as per the provisions contained under Section 67 of U.P. Revenue Code and in case any such application is moved before the SDM concerned, this Court hope and trust that the said application will be considered and decided in accordance with law expeditiously but certainly after giving opportunity to the parties concerned.
Order Date :- 26.4.2018 SP/