Court No. - 18
Case :- WRIT - C No. - 14654 of 2018 Petitioner :- Raghubir Prasad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Maurya Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Ajay Kumar Maurya, learned counsel for the petitioner and Shri Anurag Srivastava, learned Standing Counsel for the State respondents.
Notice need not be issued to the private respondents in view of the order proposed to be passed.
Petitioner is before this Court with the request to command the Tehsildar, Tehsil Maidyahoon, District Jaunpur to decide the proceeding under Section 122-B of UPZA&LR Act 1950 in Case no.6176/2014/Computer Case no.2014143606629 related to Village Paltupur, Pargana Barsathi, District Jaunpur (Gaon Sabha vs. Roop Chand) within stipulated period.
Learned counsel for the petitioner precisely submits that land of the petitioner bearing Arazi no.306/240, which is recorded as Bhumidhari land with transferable rights in the revenue records, is situated adjacent to the public utility land, which is encroached upon by the third respondent. He further submits that the third respondent not only encroached the public utility land but also encroached certain land of petitioner also and as such, request has been made that land of petitioner may also be vacated.
On the other hand, Shri Anurag Srivastava, learned Standing Counsel raised an objection that so far as the encroachment over the land of Gaon Sabha is concerned, the Gaon Sabha has already taken appropriate measure and had instituted a suit under Section 122-B but so far as the land of petitioner is concerned, in case any such complaint of encroachment is being made, the efficacious remedy available to the petitioner is to invoke proceeding provided under Section 144/134 of UP Revenue Code 2006.
On such an objection has been raised and this is an admitted case of petitioner that private respondent is encroaching the land of the petitioner, then no relief can be extended to the petitioner but so far as the proceeding under Section 122-B of UPZA&LR Act 1950 is concerned, this Court hopes and trust that the said proceeding would be finalized at the earliest.
With these, Writ Petition is disposed of.
Order Date :- 24.4.2018 A. Pandey