Court No. - 10
Case :- WRIT - C No. - 20402 of 2021 Petitioner :- Raj Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Shyam Dhar Gupta Counsel for Respondent :- C.S.C.
Hon'ble Siddhartha Varma,J.
After it was ascertained that there was a certain encroachment over plot no.848, the petitioner had moved an application before the District Magistrate on 22.7.2021. An application was also moved on 20.7.2021 before the Sub-Divisional Magistrate.
Learned Standing Counsel states that the petitioner has an efficacious alternative remedy of filing an application under section 67 of the U.P. Revenue Code, 2006 (hereinafter referred to as the 'Code') and submits that no interference is, therefore, warranted in this petition.
However, the Court is of the view that when an application has been moved for removal of encroachment before the authority concerned, then treating the same to have been filed under section 67 of the Code, action ought to have been taken.
Under such circumstances, it is directed that the application filed by the petitioner before the Sub-Divisional Magistrate may be treated as an application under section 67 of the Code and a regular number be given to it and thereafter proceedings be undertaken as provided under section 67 of the Code.
With the above observations, the writ petition stands disposed of.
Order Date :- 24.8.2021 GS
(Siddhartha Varma, J.)