Court No. - 1
Case :- WRIT - C No. - 25923 of 2020 Petitioner :- Yogesh Kumar Srivastava Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Subash Chandra Srivastava,Rampyare Lal Srivastava Counsel for Respondent :- C.S.C.,Sunil Kumar Singh
Hon'ble Vivek Agarwal,J.
Heard Sri Rampyaare Lal Srivastava, learned counsel for the petitioner and learned Standing Counsel.
Petitioner has filed this petition alleging private respondent No.6 has encroached upon the land of public pond and Bheeta contained in Arazi Nos.249, 251, 252 and 275 Sa situated in Mauja-Horaiya, Pargana-Gopalapur, Tehsil-Madiyahu, District- Jaunpur. He prays for a direction to the respondent No.2 to get such encroachment removed.
There is already a provision contained in section 67 of the U.P. Land Revenue Code-2006 authorizing a person to approach competent authority so to prevent damage, misappropriation and wrongful occupation of Gram Panchayat property. Petitioner is free to approach such authority as prescribed under Section 67. As there is already adjudicatory management system and quasi judicial authority vested in the Assistant Collector, no order is required on the administrative side.
At this stage, learned counsel for the petitioner submits that Lekhpal has already issued recovery certificate under Section 67 (1) of the Revenue Code 2006, date of this recovery certificate is 28.02.2019, but no action has been taken to either recover the amount of recovery certificate or to remove the encroachment. If that be so, petitioner is free to approach the concerned authority of District Magistrate in terms of the provisions contained in Section 67 (5) and bring this aspect to his knowledge that Assistant Collector is acting in collusion with the beneficiary of the encroachment and is not taking concrete action and if petitioner approaches the Collector with such application along with the copy of this order being passed today then Collector shall make an enquiry and get the orders executed expeditiously but not later than thirty days from the production of copy of this order.
With the aforesaid observation, this writ petition is disposed off.
Order Date :- 7.1.2021 Pr/-