Civil judge held that the petitioner seeking removal of encroachment on Gaon Samaj land has an efficacious alternative remedy under Section 67 of U.P. Revenue Code, 2006 and was directed to file application within two weeks.
Directed petitioner to file application under Section 67 of U.P. Revenue Code, 2006 within two weeks; PIL disposed of.
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Court No. - 2 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 373 of 2021
Petitioner :- Kanta Respondent :- District Magistrate And 3 Others Counsel for Petitioner :- Diwakar Prasad Shukla Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties through video conferencing.
Grievance of the petitioner is that the Gaon Samaj land i.e. Arazi No. 171M recorded as "khalihan" in the revenue record and situated in village Dhaurhara, Tehsil Gola District Gorakhpur 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
2 issues framed by the court
Whether the PIL regarding removal of encroachment on Gaon Samaj land should be disposed of on alternative remedy
Whether the petitioner is directed to file application under Section 67 of U.P. Revenue Code, 2006
2 provisions across 2 enactments
Kanta
District Magistrate
and 3 Others
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
