Court No. - 37
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 15 of 2021 Petitioner :- Tulsi Ram Yadav And 16 Others Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Vinod Kumar Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Sri Vinod Kumar Dwivedi, learned counsel for the petitioners and learned Standing Counsel for the State- respondents.
The petitioners, invoking the jurisdiction of this Court in a public interest litigation, seeks the removal of an alleged encroachment made public utility land i.e. plot no. 704/0.0170 hectare (Khalihan) & plot no. 746/0.085 hectare (rasta), situated at Village Kachhia, Gram Panchayat Kachhia, Tappa Gaur, Pargana-Basti, Tehsil Harraiya, District Basti.
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 petitioners are 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 :- 13.1.2021 Noman