Shiv Prasad Mishra vs. State Of U.P. Thru. Prin. Secy. Revenue

Court No. - 4

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 327 of 2023

Petitioner :- Shiv Prasad Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And 6 Others Counsel for Petitioner :- Sudhakar Mishra Counsel for Respondent :- C.S.C.,Mohan Singh

Hon'ble Rajesh Singh Chauhan,J.

Heard Ms. Gauri Singh, Advocate holding brief of Shri Sudhakar Mishra, learned counsel for petitioner, Shri Yogesh Kumar Awasthi, learned Standing Counsel for State-respondent nos.1 to 4 and Shri Mohan Singh, learned counsel for opposite party no.7/ Gaon Sabha, Amethi.

In view of the proposed order, notices to private opposite party nos.5 and 6 are hereby dispensed with.

By means of this Public Interest Litigation (P.I.L.), the petitioner has prayed for following relief:-

"i- issue a writ, order or direction in the nature of Mandamus thereby commanding opposite parties specially opposite party no. 2, 3 & 4 to remove the unauthorized encroachment from the Gata no.171/0.030 hectare which is recorded as Khalihan 172/0.110 hectare which is recorded as Public Path, 173, 194, 195, 211 recorded as Chakmarg Road and Public Path, 164 which is recorded as drain and Gata No.149, 206 recorded as Pond in the Revenue record in the interest of justice."

Shri Yogesh Kumar Awasthi, learned Standing Counsel has produced a copy of letter dated 16.04.2023 preferred by Sub-Divisional Officer, Gauriganj, Amethi addressed to Chief Standing Counsel enclosing therewith the spot inspection report and Naksha Nazri, same are taken on record.

As per aforesaid instructions on the basis of complaint being made, a spot inspection, in respect of the Gatas in question, has been conducted and it is found that there is illegal encroachment over the Gatas in question, therefore, required exercise has been undertaken under Section 67(1) of the U.P. Revenue Code, 2006 for instituting three cases bearing nos. T-202104710100164, T- 202104710104500 and T-201804710102935, wherein the next date has been fixed for today, i.e. 18.04.2023.

Learned Standing Counsel has further submitted on the basis of instructions that the aforesaid cases would be decided on merits, strictly in accordance with law, by affording opportunity of hearing to the parties concerned with expedition.

Therefore, without entering into the merits of the issue, considering the arguments of learned counsel for the parties and contents and submissions of letter dated 16.04.2023, I find no good ground to keep this Public Interest Litigation (P.I.L.) pending any longer inasmuch as required exercise has already undertaken under Section 67(1) of the U.P. Revenue Code, 2006 instituting three cases. However, the Competent Revenue Authority is directed to decide the aforesaid cases on merits, strictly in accordance with law, by affording opportunity of hearing to the parties concerned, with expedition, preferably within a time frame so prescribed under Section 67 of the U.P. Revenue Code, 2006 thereof. The Competent Revenue Authority shall ensure that the illegal encroachment over the public utility land is removed with expedition.

The Public Interest Litigation (P.I.L.) is, accordingly, disposed of.

Order Date :- 18.4.2023 Arnima