Ajay Kumar Mishra v. State of U.P. Thru. Distt. Magistrate, Sultanpur and 3 Others
Case brief
What is this about?
PIL dismissed by Alok Mathur, J., High Court of Judicature at Allahabad, Lucknow Bench (order dated 6.3.2024). Petitioner sought removal of encroachment over gata No.349 (new gata No.278 Ka), recorded as pond, in Village Samada, District Sultanpur. Section 67 U.P. Revenue Code, 2006 proceedings before Tehsildar/Assistant Collector, First Grade, Tehsil Kadipur ended by order dated 23.1.2023 holding no encroachment and discharging notices; order not appealed or assailed in the PIL. Court declined relief under Article 226 and pointed to remedy under Section 67(5) of the Code of 2006. Keywords: gaon sabha land, encroachment, pond, Tehsildar, Prescribed Authority, alternative remedy, public interest litigation.
What did the court decide?
No direction as sought by the petitioner can be granted in the present public interest petition, since a specific finding was recorded in favour of the alleged encroachers that they had not encroached upon the gaon sabha land and the said orders were not assailed.