Court rejected a PIL petition seeking removal of encroachment on public property by directing respondents via mandamus, holding that an efficacious statutory remedy exists under Section 26 of the Uttar Pradesh Revenue Code, 2006.
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Court No. - 9
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 697 of 2021
Petitioner :- Ramnihor Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ranjit Singh Counsel for Respondent :- C.S.C.
Hon'ble Sanjay Yadav,J. Hon'ble Jayant Banerji,J.
Petitioner by way of present petition seeks following reliefs:
"It is therefore, most respectfully prayed that this Hon'ble Court kindly be pleased to issue a direction commanding respondents no.2 and 3 to set get public property free from encroachment details of which are given in aforesaid paras.
Issue a writ, order or direction in the nature of mandamus commanding and direction to the respondent No.3 to remove the encroachment."
In our considered opinion, the petitioner has a statutory remedy for redressal of grievance raised in the present petition under Section 26 of the Uttar Pradesh Revenue Code, 2006, which mandates that if the Tahsildar finds that any obstacle impedes the free use of a public road, path or common land of a village or obstructs the road or water-course of source of water, he may direct the removal of such obstacle and may, for that purpose, use or cause to be used such force as may be necessary and may recover the cost of such removal from the person concerned in the manner prescribed.
Since the petitioner has an alternative, efficacious, statutory remedy for redressal of his grievance as raised in the present petition, we are not inclined to entertain the present petition for that cause.
With these observations petition stands disposed of finally.
Order Date :- 19.3.2021 N Tiwari
(Jayant Banerji,J.) (Sanjay Yadav,J.)
2 issues framed by the court
Whether the petitioner's grievance regarding encroachment should be entertained via a PIL when a statutory remedy exists under Section 26 of the Uttar Pradesh Revenue Code, 2006.
Whether the Tahsildar has the power to direct removal of obstacles impeding public use of roads or land.
1 provisions across 1 enactments
Ramnihor
State Of U.P.
Sanjay Yadav
Jayant Banerji
As recorded by the court registry
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