Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3687 of 2018 Petitioner :- Rajesh Kumar Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Bhaju Ram Pprasad Sharma,Arvind Kumar Srivastava Counsel for Respondent :- C.S.C.,Amresh Singh
Hon'ble Salil Kumar Rai,J.
Heard counsel for the parties.
The present writ petition has been filed praying for a writ of mandamus commanding respondent nos. 2 to 5 i.e. Collector, Deputy District Magistrate and the concerned Tehsildar as well as Land Management Committee of Village Panchayat- Saufari to remove the encroachments allegedly made by respondent nos. 6 to 9 over plot No. 226 having area 0.0970 hectare which is recorded as Manure Pits in the revenue record.
An affidavit sworn by the Tehsildar i.e. respondent no. 4 has been filed stating that case Nos. 13 and 15 have been registered against respondent nos. 8 and 9 under Section 122B of Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 and the same are pending before the concerned Assistant Collector. However, it has also been stated in the said affidavit that respondent no. 6, who is a poor landless person belonging to the Scheduled Caste community and respondent no.7, who is a widow are also residing in constructions made by them on the aforesaid plot.
It appears that no case under Section 122B of Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 or Section 67 of the Uttar Pradesh Revenue Code, 2006 read with Rule 67 of Uttar Pradesh Revenue Code Rules, 2016 has been registered against respondent nos. 6 and 7. It also appears that the alleged encroachment by respondent nos. 6 and 7 is minor and insignificant. Considering that the encroachment by respondent nos. 6 and 7 over Gaon Sabha land is very less and they belong to the weaker sections of the society, one is a landless person belonging to the Scheduled Caste community and other is a widow, it is not a fit case for exercise of discretionary power under Article 226 of the Constitution of India.
For the aforesaid reasons, the writ petition is dismissed.
Order Date :- 25.7.2018 Sattyarth