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ALLAHABAD HIGH COURT
Dr. Dhananjaya Yashwant Chandrachud, CJ., Yashwant Varma, J.
Ram Ujagir Singh - Appellant
Versus
State of U.P. And 8 Others - Respondent
Public Interest Litigation (Pil) No. - 6958 of 2016
Decided On : 17-02-2016
Amendment - Public Interest Litigation - The court declined to entertain the petition seeking removal of alleged encroachment on public utility land, citing the availability of a statutory remedy under the U.P. Zamindari Abolition and Land Reforms Act, 1950 and the new Uttar Pradesh Revenue Code, 2006. The petitioner was permitted to file a comprehensive representation to the Assistant Collector for initiating a proceeding under the relevant statutory provisions.
Fact of the Case:
The petitioner sought the removal of an alleged encroachment on public utility land through a public interest litigation.
Finding of the Court:
The court declined to entertain the petition, citing the availability of a statutory remedy under the U.P. Zamindari Abolition and Land Reforms Act, 1950 and the new Uttar Pradesh Revenue Code, 2006. The petitioner was permitted to file a comprehensive representation to the Assistant Collector for initiating a proceeding under the relevant statutory provisions.
Issues: Availability of statutory remedy under the U.P. Zamindari Abolition and Land Reforms Act, 1950 and the new Uttar Pradesh Revenue Code, 2006.
Ratio Decidendi: The court clarified that since a statutory remedy was available, the petition seeking removal of encroachment was not entertained. The petitioner was permitted to file a comprehensive representation to the Assistant Collector for initiating a proceeding under the relevant statutory provisions.
Final Decision: The petition was disposed of with no order as to costs.
Leave to amend the prayer clause to correct the description.
Amendment be carried out forthwith.
2. The petitioner, invoking the jurisdiction in a public interest litigation, seeks the removal of an alleged encroachment made on public utility land, comprising of Arazi No. 49Min area 0.2280 hectare, situated at Village and Post Dhamaicha, Tehsil Khalilabad, District Sant Kabir Nagar.
3. Since a statutory remedy is available under Section 122-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 or, as the case may be, upon the enforcement of the new Uttar Pradesh Revenue Code, 2006 under Section 67 thereof, we are not inclined to entertain the petition. We clarify that we have not expressed any opinion on the merits of the grievance. However, since the statutory remedy is available, we permit the petitioner to file a comprehensive representation to the Assistant Collector who shall, upon verification of facts, initiate a proceeding under Section 122-B of the Act or, as the case may be, upon the enforcement of the new Uttar Pradesh Revenue Code, 2006 under Section 67 thereof, if the facts and circumstances of the case so justify. In the event, such proceeding is initiated, an expeditious decision shall be taken thereon.
4. We, however, clarify that all facts shall be subject to due verification and any proceeding that may be adopted will be with due notice to all the affected parties.
5. With these observations, we dispose of this petition. There shall be no order as to costs.
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