Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1555 of 2021 Petitioner :- Ramnath Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anurag Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Pathak,J.
Heard Sri Anurag Tripathi, learned counsel for the petitioner, learned Standing Counsel represents respondent nos.1 to 3 and perused the record.
Instant writ petition has been filed by the petitioner in the nature of Public Interest Litigation (PIL) beseeching mandamus commanding the Sub Divisional Magistrate, (Tehsil Tamkuhiraj, District Kushinagar (respondent No.3), to remove the illegal encroachment made by respondent no.4 over plot No.492 area 0.3880 hectare, situate from Siswa Road to Malho Patti, in village Tulsi Patti (Malho), Post Mathiya Shriram, Block Sewrahi, District Kushinagar.
It is submitted that public utility land i.e. plot No.492 area 0.3880 hectare, situate from Siswa Road to Malho Patti, in village Tulsi Patti (Malho), Post Mathiya Shriram, Block Sewrahi, District Kushinagar is recorded as path way in the revenue record. Extract of Khatauni 1427 to 1432 fasli is filed as annexure no.1. Respondent No.4 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 representation dated 22.06.2021 (annexure no.2) before the authorities concerned to ventilate his grievances qua illegal encroachment made by respondent No..4 over the plot in question as mentioned above.
Grievance of the petitioner is that despite the representation dated 22.06.2021 (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.4 over the plot in question, to either initiate a proceeding under the relevant provisions of U.P. Revenue Code, 2006 or reject the application 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 Sub Divisional Magistrate, (Tehsil Tamkuhiraj, District Kushinagar (respondent No.3), 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 :- 24.9.2021 VKG