Allahabad High Court
Bajrang Bahadur Singh @ Bajrangi Singh vs State Of U.P. And 3 Others on 27 January, 2020
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 5046 of 2018 Petitioner :- Bajrang Bahadur Singh @ Bajrangi Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bratendra Singh,Kalyan Sundram Srivastava Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
Heard learned counsel for petitioner, Smt. Praveen Shukla, learned Standing Counsel for respondent Nos.1 to 3 and Sri Bhupendra Kumar Tripathi, learned counsel for respondent No.4.
The petitioner has preferred the present public interest litigation with the following prayer:-
A Issue a writ, order or direction in the nature of mandamus directing the respondent concern to re-eject and clear the Gram Sabha Land of village Thanagaddi, Tehsil Kerakat, District Jaunpur in pursuance of their previous order dated 04.11.2016.
B. Issue a writ, order or direction in the nature of mandamus directing the respondent concern to consider the application dated 24.03.2018 moved by the petitioner and take appropriate action as earlier as possible.
It is argued by learned counsel for the petitioner that against the illegal encroachment over the Goan Sabha land by certain persons. the petitioner has already approached this Court by filing Writ Petition No.38475 of 2015 (Baj Rang Bahadur Singh @ Bajrangi Singh Vs. State of U.P. and 21 others). The said writ petition was disposed of finally with the following order:-
"Heard learned counsel for the petitioner and the learned Standing Counsel.
Grievance of the petitioner is that although the proceeding initiated against the respondents no. 4 to 22 under Section 122-B of U.P.Z.A. & L.R. Act for ejectment from over Gaon Sabha property has been finalized and they have been directed to vacate the land but till date the order has not been given effect to and their illegal possession over the property of Gaon Sabha, continues.
From the pleadings, we find that the petitioner has made various representations before the authority concerned for execution of the order. One such application dated 09.04.2015 made before the District Magistrate/Collector, Jaunpur, has been filed as Annexure 5 to the writ petition.
Once the proceedings under Section 122-B of the U.P.Z.A. & L.R. Act against the private respondent have culminated into order for ejectment, the authorities concerned are under a legal obligation to execute the same and free the Gaon Sabha property from illegal encroachment.
However, no useful purpose would be served by calling for a counter affidavit and keeping this writ petition pending, and it would be appropriate that issue may be examined by a fact finding authority.
Learned standing counsel states that in case, a representation is made in this regard, the Collector/District Magistrate shall decide the same expeditiously.
Considering the facts and circumstances, the writ petition stands disposed of with liberty to the petitioner to make a representation before the Collector/District Magistrate, Jaunpur, respondent no. 2 alongwith certified copy of this order annexing therewith all the relevant documents in support of his claim within a period of two weeks from today with a further direction to the said authority to look into the matter and decide the representation by means of reasoned and speaking order within a further period of four weeks from the date of making of the same. "
It is argued by learned counsel for the petitioner that in pursuance to the aforesaid a decision was taken by the District Magistrate Jaunpur on 04.11.2016 by which proceedings were directed to be initiated uner Section 122-B of the U.P Z.A. and L.R. Act. and the encroachment has been removed. It is argued that after removal of the encroachment, some persons again encroached the aforesaid land. In this view of the matter, a representation was made by the petitioner before the Commissioner Varansasi Division Varanasi/respondent No.2 on 24.3.2018, a copy of which has also been given to the respondent No.3. it is rugged that when no action was taken on the aforesaid representation, the petitioner has preferred the present PIL.
Learned Standing Counsel raised a preliminary objection that the petitioner has alternative remedy to file representation under Section 67 of the Revenue Code, 2006 before the Assistant Collector concerned.
In view of the statutory alternative remedy available to petitioner, no purpose would serve to keep the writ petition pending. The petitioner is permitted to submit a representation before the Assistant Collector concerned bringing the relevant facts regarding encroachment over the aforesaid plot. If no proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 have already been registered in relation to encroachment over the said plot, on receiving the aforesaid representation, the Assistant Collector shall inquire into the allegations made by the petitioner after following the procedure prescribed under Section 67 of the Uttar Pradesh Revenue Code, 2006 read with Rule 67 of the Uttar Pradesh Revenue Code Rules, 2016 and pass appropriate orders within a period of six months from the date when the aforesaid representation is filed by the petitioner. In case the allegations of the petitioner are found to be true the Assistant Collector shall ensure that the encroachments over the land in question be removed within a period of one month thereafter unless the order of Assistant Collector is stayed by any superior authority or court in any appeal or revision filed against the order of Assistant Collector. It is also directed that, if the petitioner or any other member of the Gaon Sabha files an application in the case registered before the Assistant Collector, to be heard in opposition to the noticee in the said cases, the Assistant Collector shall afford a reasonable opportunity to the said persons to oppose the defence, if any, taken by the noticee.
It is clarified that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 27.1.2020 saqlain