The Court disposed of a PIL regarding alleged land encroachment, stating it cannot entertain the matter as an alternative statutory remedy under Section 67 of the U.P. Revenue Code, 2006, is available.
None, case disposed on the ground that the statutory remedy under Section 67 U.P. Revenue Code, 2006 is available.
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Court No. - 37
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1982 of 2020
Petitioner :- Ramsan Yadav Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Suresh Prasad Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Sri Suresh Prasad, learned counsel for petitioner, learned counsel for Goan Sabha and learned Standing counsel for Staterespondents.
The petitioner, invoking the jurisdiction of the Court in public interest, seeks the removal of an alleged encroachment over Aarazi No. 405 area 0.0780 hectare situated at village Patkaniya Pargana, Tehsil Jamaniya District Ghazipur, recorded as Chakroad.
Since a statutory remedy is available under Section 67 of 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 petitioner is permitted to file a comprehensive representation to the concerned 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, and 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 observation, the petition is disposed of. There shall be no order as to costs.
Order Date :- 18.1.2021 S.K.
2 issues framed by the court
Whether the court can entertain a petition regarding alleged land encroachment when a statutory remedy is available.
The scope of judicial intervention in land encroachment matters under the U.P. Revenue Code.
1 provisions across 1 enactments
Ramsan Yadav
State Of U.P.
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
