Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1276 of 2021 Petitioner :- Wasim Khan Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Pramod Kumar Pandey Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the respondent nos.1 to 3 and Sri Bhupendra Kumar Tripathi, learned counsel for the respondent no.4-Gaon Sabha and perused the record.
Present writ petition has been filed by the petitioner in the nature of Public Interest Litigation (PIL) for removal of illegal encroachment made by private respondent nos.5 to 8 over Plot no.6, 14, 68 and 88, area 0.2620 hectares, situated in Village- Daudpur, Post-Mohammadabad, Pargana and Tehsil- Mohammadabad, District-Ghazipur.
It is submitted that public utility land i.e. Plot no.6, 14, 68 and 88, area 0.2620 hectares, situated in Village-Daudpur, Post- Mohammadabad, Pargana and Tehsil-Mohammadabad, District- Ghazipur are recorded as 'naveen parti' in the revenue record. Respondent nos.5 to 8 have 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 at large. In support of his case, petitioner has filed extract of Khatauni 1423 Fasli to 1428 Fasli (Annexure no.1). It is further submitted that the petitioner has filed several representations dated 16.03.2021, 23.03.2021 and 16.06.2021, which have been filed as Annexures-2, 3 and 4 respectively, before the authorities concerned to ventilate his grievances qua illegal encroachment made by respondent nos.5 to 8 over the plots in question as mentioned above.
Grievance of the petitioner is that despite the representations dated dated 16.03.2021, 23.03.2021 and 16.06.2021 having been submitted, till date no effective measures have been taken by the authorities concerned to remove the illegal encroachment made by respondent nos.5 to 8, over plots in question, to either initiate a proceeding under the relevant provisions of U.P. Revenue Code, 2006 or reject the application/s 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 as well as learned counsel for the respondent-Gaon Sabha has pointed out that in pursuance of the representation made by the petitioner, report dated 05.04.2021 (Annexure-5) has been submitted by the concerned Lekhpal stating therein that there is no encroachment over the property in question. He has fairly admitted that till date no proceeding has been initiated under Section 67 of the U.P. Revenue Code, 2006. Learned Standing counsel, however, contended that petitioner has an alternative and efficacious remedy to move an application under Section 67 of the 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 writ petition, with a direction that petitioner is at liberty to move fresh representation, within period of three weeks from today, qua his grievances as mentioned in the present writ petition along with copy of this order before the Sub Divisional Magistrate, Mohammadabad, District-Ghazipur (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 the period of three months from the date in receipt of the aforesaid representation.
The petitioner shall file a 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 observations, this petition is finally disposed of.
Order Date :- 12.8.2021 Manish Himwan