Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1665 of 2021 Petitioner :- Nagmani Rai Respondent :- State Of U.P. And 44 Others Counsel for Petitioner :- Manoj Kumar Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Dinesh Pathak,J.
Heard Sri Pankaj Mishra, learned counsel, holding brief of Sri Manoj Kumar, learned counsel for the petitioner, Sri Sudhir Bharti, learned counsel for the Gaon Sabha/respondent no.4, learned Standing Counsel represents respondent nos.1, 2 & 3 and perused the record.
Instant writ petition has been filed by the petitioner in the nature of Public Interest Litigation (PIL) beseeching mandamus commanding the Sub Divisional Magistrate, Tehsil Bhatparrani, District Deoria (respondent No.3) to remove the illegal encroachment made by respondent nos.5 to 45 over plot Nos. 317, 79, 392, 387, 398, 391, 442, 234 and 95, situated in Village Jagarnath Chhapara, Post Ghati, Tehsil Bhatparrani, District Deoria.
It is submitted by counsel for the petitioner that details of plots in question, which have illegally been encroached by respondent nos. 5 to 45, are given in paragraph no.7 of the writ petition, which is quoted herein under:-
"That, the land being Arazi No.317 are recorded as Banjar in the revenue record and the same has been illegally occupied by respondent nos.5 to 10, the Arazi No.79 of the concerned village has also been recorded as Sector Road in the revenue record and same has been illegally occupied by respondent nos. 11 to 21, the Arazi No.387 of the concerned village has also been recorded as Chak Road in the revenue record and same has been illegally occupied by respondent nos. 20, 22 to 24 and the Arazi No.392, 398, 391, 442, 234, 95 of the concerned village has also been recorded as Chaknali in the revenue record and same has been illegally occupied by respondent no.20, 25 to 45. For demonstrating the status of the land of Banjar, Chak Road and Chaknali, Petitioner is enclosing the photo copy of the Khatauni of Araji No. 317, 79, 392, 387, 398, 391, 442, 234, 95 are being annexed herewith and marked as Annexure No.1 to this writ petition."
It is submitted that public utility land i.e. plot Nos. 317, 79, 392, 387, 398, 391, 442, 234 and 95, situated in Village Jagarnath Chhapara, Post Ghati, Tehsil Bhatparrani, District Deoria, are recorded as Banjar, Chak Road and Chaknali in the revenue record. Extract of Khatauni 1426 to 1431 fasli is filed as annexure no.1. Respondent nos.5 to 45 have 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 in large. It is further submitted that petitioner has filed a detailed representations dated 15.07.2021, which is filed as annexure no.3, before the authorities concerned to ventilate his grievances qua illegal encroachment made by Respondent nos.5 to 45 over the plot in question as mentioned above.
Grievance of the petitioner is that despite the representations dated 15.07.2021 (annexure no.3), having been submitted, till date no effective measures have been taken by the authorities concerned to remove the illegal encroachment made by respondent no.5 to 45 over the 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 and learned counsel for the Gaon Sabha, 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 Sub Divisional Magistrate, Tehsil Bhatparrani, District Deoria (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 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 :- 7.10.2021 VKG