Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1523 of 2021 Petitioner :- Pawan Kumar Tiwari Respondent :- District Magistrate Deoria And 25 Others Counsel for Petitioner :- Dhiraj Singh,Ragvendra Singh Rathour Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the respondent nos.1 to 3 and Sri B.K. Tripathi, learned counsel for the respondent no.4-Gaon Sabha and perused the record.
Present writ petition has been filed by the petitioner in the nature of Public Interest Litigation (PIL) for removal of illegal encroachment made by private respondent nos.4 to 26 over several plots as mentioned in paragraph 7 of the writ petition situated in Village-Chakra Durjan, Post-Teekar, Tehsil-Barhaj, District-Deoria.
It is submitted that public utility land i.e. plots in question are recorded as pond, khalihaan, Devsthan, Saursthan, Abadi, Navin Parti and banjar in the revenue record. Respondent nos.4 and 26 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 at large. In support of his case, petitioner has filed extract of Khatauni 1425 Fasli to 1430 Fasli (Annexure no.1). It is further submitted that the petitioner has filed representation dated 22.07.2021, which has been filed as Annexure-4, before the authorities concerned to ventilate his grievances qua illegal encroachment made by respondent nos.4 to 26 over the plots in question as mentioned above.
Grievance of the petitioner is that despite the representation dated 22.07.2021, having been submitted, till date no effective measures have been taken by the authorities concerned to remove the illegal encroachment made by respondent nos.4 to 26, over plots in question, by either initiating a proceeding under the relevant provisions of U.P. Revenue Code, 2006 or rejecting 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. It is further submitted that for taking legal action under Section 67 of the U.P. Revenue Code, 2006, a proceeding has already been proposed to be initiated vide report dated 24.09.2021.
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 Tehsildar (respondent no.2), 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. It is ordered accordingly.
The petitioner shall file a computer generated copy of this order before the authority concerned, after downloading it from the official website of High Court, Allahabad, which shall be supported by an affidavit. The authority concerned shall verify the same from the official website of this Court.
With the aforesaid observations, this petition is finally disposed of.
Order Date :- 21.9.2021 Manish Himwan