Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1507 of 2021 Petitioner :- Ram Vilas Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rajesh Kumar Dubey,Manoj Kumar Maurya Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner, Sri Sudhir Bharti, learned counsel for the Gaon Sabha/respondent no.5, learned Standing Counsel, represents respondent nos.1 to 4 and perused the record.
Instant writ petition has been filed by the petitioner in the nature of Public Interest Litigation (PIL) beseeching mandamus commanding respondent authorities to remove the unauthorized occupation made by respondent no.6 over Khasra No.39 area 0.0570 hectare situated in village Holaipur, Pargana Salempur Majhaui, Tehsil Bhatpar Rani, District-Deorial.
It is submitted that Khasra No.39 area 0.0570 hectare situated in village Holaipur, Pargana Salempur Majhaui, Tehsil Bhatpar Rani, District-Deorial is recorded as Gram Sabha land in the revenue record. Extract of Khatauni of 1426-1431 fasli is filed as annexure no.1. Respondent No.6 has 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 in large. It is further submitted that petitioner has filed representations dated 15.01.2021 and 03.02.2021 (annexure no.2) before the authorities concerned to ventilate his grievances qua illegal encroachment made by respondent No.6 over the plot in question as mentioned above.
Grievance of the petitioner is that despite the representations dated 15.01.2021 and 03.02.2021 (annexure no.2), having been submitted, till date no effective measures have been taken by the authorities concerned to remove the illegal encroachment made by respondent No.6 over the plot in question, to either initiate a proceeding under the relevant provisions of U.P. Revenue Code, 2006 or reject the applications 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 U.P. Revenue Code, 2006, with respect to his grievances as made in the present writ petition.
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 present writ petition, with a direction that petitioner is at liberty to move a fresh representation, within period of three weeks from today, qua his grievances as mentioned in the present writ petition alongwith copy of this order before Tehsildar, Tehsil Bhatpar Rani, District-Deoria (respondent No.4), 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.
The petitioner shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad supported by an affidavit, which shall be verified by the concerned authority from the website of the High Court, Allahabad.
With the aforesaid observation, present writ petition is disposed of.
Order Date :- 21.9.2021 Pr/-