Court No. - 18
Case :- WRIT - C No. - 20381 of 2018 Petitioner :- Palra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pranav Kumar Tripathi,Nanda Kumar Shukla Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondent nos.1 and 2.
The petitioner is before this Court with request to issue direction to the second respondent, Sub Divisional Magistrate, Tehsil Mau, District Chitrakoot to take appropriate action against the private respondent namely Angoon, son of Bhola Lodh on his last complaint dated 14.5.2018 and restrain the third respondent from making any construction on the Chak road in question.
Learned Standing Counsel has raised objection regarding maintainable of the writ petition on the ground that in case the private respondent is in illegal occupation over the public utility land, then for the said purpose full fledged mechanism is provided in the UPZA&LR Act 1950 in the form of Section 122-B and Section 67(1) of Land Revenue Act 2006 and as such, the private respondent cannot be removed without following the due procedure provided under law.
In view of the above, without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, the writ petition is disposed of finally, with observation that in case the private respondent is in illegal occupation over the land in question, then the petitioner will initiate proceeding under Section 122B of UP ZA & LR Act/ Section 67 of the U.P. Revenue Code, 2006 for his eviction from the land in question.
Order Date :- 30.5.2018 RKP