Allahabad High Court
Vijay Kumar @ Vifai vs State Of U.P. Thru. Prin. Secy. Revenue ... on 27 March, 2023
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 5 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 225 of 2023 Petitioner :- Vijay Kumar @ Vifai Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 7 Others Counsel for Petitioner :- Govind Kumar Chourasia Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the petitioner and Sri Yogesh Kumar Awasthi, learned Standing Counsel for the State-respondents.
However, Sri Pankaj Gupta, learned counsel has accepted notice on behalf of opposite party No.5/ Gaon Sabha.
In view of the order proposed, the notice to private opposite party Nos.6, 7 & 8 are hereby dispensed with.
By means of this writ petition, the petitioner has prayed for the following reliefs:-
"(i) to issue a writ, order or direction in the nature of mandamus commanding & direct the opposite party Nos.1 to 4 to remove illegal encroachment from the land of Gram Pancyayat i.e. Gata No.151/0.539 hectare which is recorded as Rasta, in revenue record, situated in Village-Bhavajidur, Pargana & Tehsil-Mankapur, District-Gonda, in the interest of public at large.
(ii) to issue a writ, order or direction in tthe nature of mandamus directing the opposite party Nos.1 to 4 to take appropriate action against the opposite party Nos.6 to 8 while deciding the representation dated 23.02.2023 of the petitioner, contained as Annexure No.3 to this writ petition."
Sri Yogesh Kumar Awasthi, learned Standing Counsel has produced a copy of instructions letter dated 23.03.2023 preferred by the Tehsildar, Tehsil-Mankapur, District-Gonda annexing therewith the comments of the case, which is taken on record.
As per the aforesaid comments, after proper spot inspection it was found that on Gata number in question there are some illegal encroachments, therefore, appropriate exercise under Section 67 (1) of U.P. Revenue Code, 2006 has been taken registering six cases against the illegal encroachers bearing Computerized Case No.T-202208300700070 (Gaon Sabha vs. Ram Niwas), Case No.T-202208300700068 (Gaon Sabha vs. Smt. Ilayachi), Case No.T-202208300700069 (Gaon Sabha vs. Daya Ram), Case No.T-202208300700067 (Gaon Sabha vs. Ram Aasre), Case No.T-202208300700071 (Gaon Sabha vs. Tribhuvan) and Case No.T-202208300700072 (Gaon Sabha vs. Neeraj). The next date has been fixed for 05.04.2023.
Therefore, learned Standing Counsel has stated that since the appropriate exercise has been undertaken, therefore, no purpose would be served keeping this Public Interest Litigation Petition pending any longer.
Having considered the arguments of learned counsel for the parties, I am of the view that since the appropriate exercise under Section 67 (1) of U.P. Revenue Code, 2006 has been taken and six cases have been registered against the illegal encroachers wherein the next date has been fixed for 05.04.2023, no fruitful purpose would be served in keeping this Public Interest Litigation Petition pending any longer. Therefore, I hereby dispose of this Public Interest Litigation Petition finally at the admission stage directing the authority concerned to pass appropriate orders strictly in accordance with law on the aforesaid cases registered under Section 67 (1) of U.P. Revenue Code, 2006 and ensure that the Gata number in question is free from all the encroachments, with expedition.
Order Date :- 27.3.2023 [Rajesh Singh Chauhan,J.] Suresh/