The court held that a PIL seeking eviction from public land is not maintainable as a complete statutory remedy is available under Section 67 of the U.P. Land Revenue Code, 2006, subject to a direction for timely disposal.
PIL dismissed; authority directed to conclude proceedings under Section 67 within 90 days as per Rule 67(6).
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Court No. - 19
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 580 of 2022
Petitioner :- Pawan Sharma Respondent :- State Of U P And 9 Others Counsel for Petitioner :- Vinay Kumar Singh,Arurit Kumar Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 to 4 and Sri Sudhir Bharti, learned counsel for the respondent No.5/Gram Sabha.
This Public Interest Litigation is preferred to have a direction for the respondents to get the respondent no.6 to 10 evicted from the illegal possession over the public utility land.
Today when the matter is taken up, learned Standing Counsel raised a preliminary objection that the present P.I.L. is not maintainable as a complete procedure has been prescribed under Section 67 of the U.P. Land Revenue Code, 2006 for removal of unauthorized possession/encroachment. It is further argued that Sub Rule (6) of Rule 67 of U.P. Revenue Code Rules, 2016 provides that the authority concerned shall make all endevour to conclude the proceedings initiated under Section 67 of U.P. Revenue Code, 2006 within a period of 90 days from the date of issuance of show cause notice. The aforesaid Rule is quoted below:-
"(6) The Assistant Collector shall make an endeavour to conclude the proceeding under section 67 of the Code within the period of ninety days from the date of issuance of the show cause notice and if the proceeding is not concluded within such period the reasons for the same shall be recorded."
To have such a relief, remedy is available to the petitioner under section 67 of the U.P. Land Revenue Code, 2006. This Court does not find any just reason to entertain this P.I.L. ignoring the remedy provided under section 67 of the U.P. Revenue Code.
The P.I.L. is, accordingly, dismissed. The petitioner is at liberty to avail remedy under the Code aforesaid.
In case, the petitioner initiates the proceeding under Section 67 of the U.P. Land
Revenue Code, 2006 before the concerned competent authority, the authority concerned is directed to conclude the proceeding within the time limit as provided Sub Rule 6 of Rule 67 of U.P. Revenue Code Rules, 2016. The aforesaid exercise be completed strictly in accordance with law and after providing opportunity of hearing to all the parties concerned, if there is no legal impediment.
Order Date :- 6.8.2022 saqlain
Digitally signed by SYED MOHAMMAD SAQLAIN HAIDER Date: 2022.08.06 15:19:35 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether a Public Interest Litigation is maintainable directing eviction from public land when a specific statutory remedy exists.
2 provisions across 2 enactments
Pawan Sharma
State Of U P
9 Others
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
