Chief Justice's Court
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2122 of 2019 Petitioner :- Satendra Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Santosh Kumar Shukla Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,Chief Justice Hon'ble Vivek Varma,J.
This petition for writ is placed before us for removal of an encroachment from Plot No. 61, admeasuring 0.8060 hectares situated in Village Diha, Tehsil Konch, District Jalaun.
As per the petitioner, the land aforesaid is restricted one being recorded as "Marghat" (cremation ground). It is submitted that an encroachment has been made thereon by respondent No. 5. Along with petition for writ, the petitioner has placed on record a policy of the Government of Uttar Pradesh to establish Anti Land Mafia Task Force and to remove the encroachments from the public utility land. It is also relevant to note that for removal of encroachments, the petitioner is having an effective alternative remedy under Section 67 of the Uttar Pradesh Revenue Code, 2006.
Having considered the facts stated above, we deem it appropriate to dispose of this petition for writ by directing Tehsildar, Tehsil Konch, District Jalaun-respondent no. 4, to treat the present memo of petition for writ as an application under Section 67 of the Uttar Pradesh Revenue Code, 2006 and to proceed for removal of encroachment, if any, in accordance with law, provided the petitioner presents a certified copy of this order along with memo of petition for writ before him within a period of four weeks from today.
Order Date :- 29.11.2019 VMA (Vivek Varma, J.) (Govind Mathur, C.J.)