Court No. - 6
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1498 of 2019 Petitioner :- Sarvesh Kumar Mishra Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Manoj Kumar Mishra Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Yashwant Varma,J.
The petitioner, invoking the jurisdiction of the Court in public interest, seeks the removal of an alleged encroachment made on public utility land, comprising of Araji No. 144, Area 1.7690 Hectare, which is recorded as Pond (Talab) situate in Village Chak Abdul Karim alias Pure Bhulai, Pargana Sikandra, Tehsil Phulpur, District Allahabad (Prayagraj).
Since a statutory remedy is available under Section 67 of the U.P. Revenue Code, 2006, the Court is not inclined to entertain the petition. It is clarified that the Court has not expressed any opinion on the merits of the grievance. However, since a statutory remedy is available, the petitioner is permitted 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.
It is, however, clarified 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, the petition is disposed of. There shall be no order as to costs.
Order Date :- 26.7.2019 Arun K. Singh (Yashwant Varma, J.)