The court disposed of the PIL regarding encroachment on a public pathway by directing the petitioner to approach the Tehsildar under Section 26 of the U.P. Revenue Code, 2006, as an alternative remedy exists.
Direction to submit a representation to the Tehsildar regarding the encroachment under Section 26 of U.P. Revenue Code 2006.
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Court No. - 7
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 486 of 2021
Petitioner :- Ramakant Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Rakesh Kumar Verma Counsel for Respondent :- C.S.C.,Azad Rai
Hon'ble Rajeev Misra,J.
Heard Mr. Rakesh Kumar Verma, learned counsel for petitioner, Mr. Azad Rai, learned counsel representing respondent 5 who are available on audio/video link. Learned Standing Counsel representing respondents 1, 2, 3 and 4 is also available.
Ramakant, the writ petitioner has filed present writ petition as P.I.L. for following reliefs:-
(i) Issue a writ, order or direction in the nature of mandamus comanding respondents to take necessary steps for removing illegally encorachment made by Respondent No. 6 to 8 over Arazi No. 230, measuring area 0.2630 hectare, which is a public way belonging to the Gram Sabha, situated in Village Meha Jagir, Police Station Manda, Tehsil Koraw, District Allahabad;
(ii) Issue a writ, order or direction in the nature of mandamus commanding the District Masgistrate Prayagraj to enquire the matter and to take necessary steps in the interest of justice;
(c) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the interest of justice, otherwise petitioner shall suffer irreparable loss and injury;
(iv) Award the cost of petition in favour of the petitioner against the respondents.
At the very outset, learned Standing Counsel has raised a preliminary objection by submitting that petitioner has remedy of moving an application before competent authority i.e. Tehsildar, Tehsil Koraw, District Allahabad in terms of Section 26 of U.P. Revenue Code 2006 regarding removal of encroachment on public pathway by respondents 6, 7 and 8.
When confronted with above, learned counsel for petitioner could not overcome the same.
Having heard learned counsel for petitioner, learned Standing
Counsel and upon perusal of record, this Court finds that no useful purpose shall be served by keeping this writ petition pending.
Accordingly, this writ petition filed as Public Interest Litigation is disposed of finally by directing petitioner to submit a representation before respondent 4 Tehsildar, Tehsil Koraw, District Allahabad in respect of grievance raised in the present writ petition. In case, such a representation is filed, respondent 4 Tehsildar, Tehsil Koraw, District Allahabad, he shall proceed to decide whether proceedings under Section 26 of U.P. Revenue Code 2006 are required to be initiated or not. Such a decision shall be taken by respondent 4 within a period two months from the date of production of a certified/computer generated copy of this order, which shall be filed by petitioner before respondent 4 by means of a notary affidavit.
Order Date :- 8.7.2021 HSM
1 issue framed by the court
Whether a writ petition regarding encroachment on a public pathway should be disposed of in the absence of an alternative statutory remedy.
1 provisions across 1 enactments
Ramakant
State Of U.P.
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
