Petitioner challenged encroachment on Gram Sabha land. Court held petitioner lacked personal interest in proceedings commenced under Section 67 U.P. Revenue Code, 2006. Petition set aside to PIL later.
Writ petition dismissed with liberty to avail appropriate remedy. Liberty to file PIL.
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Court No. - 52
Case :- WRIT - C No. - 7176 of 2023
Petitioner :- Har Dev Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Kshitij Shailendra,J.
Heard Shri Ramesh Kumar Yadav, learned counsel holding brief of Shri Ramesh Kumar Yadav, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
This writ petition has been filed alleging encroachment over the Gram Sabha land by the private respondent no.4.
Learned counsel for the petitioner submits that the petitioner alongwith various other persons have moved applications for removal of encroachment but the same are not being considered. One of the said applications has been annexed as 'Annexure No.3' to the writ petition, the prayer clause whereof clearly states that action in public interest is being requested by various persons including the petitioner.
Since the proceedings under Section 67 of the U.P. Revenue Code-2006 were held against the respondent no.4 and the petitioner has no personal interest in the matter except that he alongwith others is a complainant, this writ petition cannot be entertained and, at the most, a public interest litigation petition can be filed, if so advised.
In view of the above, learned counsel for the petitioner is permitted to withdraw this writ petition with liberty to avail appropriate remedy as available under the law.
The writ petition is, accordingly, dismissed with the aforesaid liberty.
Order Date :- 16.3.2023 Jyotsana
Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether a writ petition alleging encroachment over Gram Sabha land can be entertained when the petitioner lacks personal interest.
Whether the petition should be set aside in favor of a public interest litigation given the private nature of Section 67 proceedings.
1 provisions across 1 enactments
Har Dev Yadav
State Of U.P.
Kshitij Shailendra
Jyotsana Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
