In this Special Appeal, the High Court upheld the Single Judge's order dismissing a PIL regarding encroachment over a village public path, holding that Section 26 of the U.P. Revenue Code provides adequate statutory remedies and no leave to court to interfere.
Special Appeal No. 695 of 2022 was dismissed.
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Court No. - 29
Case :- SPECIAL APPEAL No. - 695 of 2022
Appellant :- Sagir Ansari Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Juned Alam Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Manoj Misra,J. Hon'ble Vikas Budhwar,J.
Heard learned counsel for the petitioner; learned Standing Counsel for State-respondents and perused the record.
The appellant had filed a Public Interest Litigation No.1780 of 2022 raising grievance in respect of encroachment over village Rasta.
Learned single Judge found that U.P. Revenue Code, 2006 provides for a complete procedure in respect of redressal of such grievances and therefore left it for the appellant to take recourse to the appropriate statutory remedy.
We notice from the provisions of the U.P. Revenue Code, 2006 that Section 26 of the Code empowers the Tehsildar to direct removal of obstacles placed on a public path.
In such circumstances, the appellant can always invoke the powers of the concerned authority and therefore we do not find a good reason to interfere with the order of the learned single Judge.
Subject to above, the appeal is dismissed.
Order Date :- 15.11.2022. Rks.
Digitally signed by RAJESH KUMAR SINGH Date: 2022.11.16 10:20:23 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the Special Appeal against the Single Judge's order refusing PIL on encroachment can be allowed.
Whether Section 26 of U.P. Revenue Code, 2006 provides complete statutory remedy for redressal of encroachment grievance.
1 provisions across 1 enactments
Sagir Ansari
State Of U.P.
Manoj Misra
Vikas Budhwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
