Chief Justice's Court
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4178 of 2018 Petitioner :- Ram Pal Singh Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Sushil Kumar Dubey,Brij Raj Counsel for Respondent :- C.S.C.,Brij Kumar Yadav
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Yashwant Varma,J.
Heard learned counsel for the parties.
The petitioner, invoking the jurisdiction in a public interest litigation, seeks the removal of an alleged encroachment made on public utility land, comprising of Gata No. 391, area 0.1010 hectares & Gata No. 392, area 0.3080 hectares, which is recorded as 'Khalihan & Usar', situated at Village Kamalpur, Post Fatehpur Bainy, City and District Auraiya.
Since a statutory remedy is available under Section 67 of the U.P. Revenue Code, 2006, we are not inclined to entertain the petition. We clarify that we have not expressed any opinion on the merits of the grievance. However, since the statutory remedy is available, we permit the petitioner to file a comprehensive representation to the Assistant Collector who shall, upon verification of facts, initiate a proceeding under Section 67 of the Code, if the facts and circumstances of the case so justify. In the event, such proceeding is initiated, an expeditious decision shall be taken thereon.
We, however, clarify that all facts shall be subject to due verification and any proceeding that may be adopted will be with due notice to all the affected parties.
With these observations, we dispose of this petition. There shall be no order as to costs.
Order Date :- 24.8.2018 RK (Yashwant Varma, J) (Dilip B Bhosale, CJ)