Court No. - 6
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2443 of 2019 Petitioner :- Sudhir Kumar Respondent :- State Of U P And 13 Others Counsel for Petitioner :- Ajendra Kumar Counsel for Respondent :- C.S.C.,Manu Singh
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner, Shri Manu Singh for the Gaon Sabha and learned Standing Counsel for the State- respondents.
Petitioner complains of encroachment by respondents over plot no. 281 recorded as a road in the revenue records.
Sections 25 and 26 of the U.P. Revenue Code, 2006 empower the Tehsildar concerned to take cognizance of encroachments over roads and public pathways. He is also competent to ensure removal of encroachments under the same provision.
This is a statutory remedy available to the petitioner in the facts and circumstances of the instant case.
Under the circumstances, this PIL is disposed of directing the petitioner to approach the Tehsildar along with an application as also the certified copy of this order within a period of two weeks from today.
In case, the application and certified copy of this order are filed before the Tehsildar within the time specified above, it is expected that appropriate orders and consequential action shall be taken by him preferably within a period of three weeks, thereafter.
Order Date :- 19.12.2019 Mayank