The High Court addressed a PIL regarding encroachment on government land. The court held that the petitioner should file an application under Section 67 of the U.P. Revenue Code, 2006, instead of pursuing the writ petition. The petition was disposed of on these terms.
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Court No. - 2 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 371 of 2021 Petitioner :- Mustafa Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Priya Ranjan Rai Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties through video conferencing.
Grievance of the petitioner is that the Gata No. 148 area about 0.0650 hectare recorded as Pokhari situated in Shabuddinpur, Paragana & Tehsil Sagari, District Azamgarh was being encroached upon. He has therefore prayed for the removal of the encroachment.
Learned Standing counsel, however, has opposed the writ petition and has submitted that the petitioner has an efficacious alternative remedy of filing an application / case under Section 67 of the U.P. Revenue Code, 2006.
Under such circumstances, if the petitioner moves an application for the removal of the encroachment under Section 67 of the U.P. Revenue Code, 2006 impleading all the affected parties within a period of two weeks from today then action would be taken and proceedings shall be initiated. These proceedings would be concluded within the time provided under Rule 67(6) of the Uttar Pradesh Revenue Code Rules, 2016.
Accordingly, the PIL is disposed of.
Order Date :- 1.7.2021 Kuldeep
1 issue framed by the court
Whether the writ petition regarding encroachment should be dismissed in favor of an alternative remedy under Section 67 of the U.P. Revenue Code, 2006.
2 provisions across 2 enactments
Mustafa
State Of U.P.
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
