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ALLAHABAD HIGH COURT
Dr. Dhananjaya Yashwant Chandrachud, CJ., Yashwant Varma, J.
Amar Jeet Singh - Appellant
Versus
State of U.P. And 5 Others - Respondent
Public Interest Litigation (Pil) No. - 9362 of 2016
Decided On : 01-03-2016
Public Interest Litigation - Land Encroachment - The court declined to entertain the petition, citing the availability of statutory remedies 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 proceedings under the relevant statutory provisions.
Fact of the Case:
The petitioner filed a public interest litigation seeking the removal of an alleged encroachment on public utility land.
Finding of the Court:
The court declined to entertain the petition due to the availability of statutory remedies 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 proceedings under the relevant statutory provisions.
Issues: Availability of statutory remedies under the U.P. Zamindari Abolition and Land Reforms Act, 1950 and the new Uttar Pradesh Revenue Code, 2006.
Ratio Decidendi: The court emphasized the availability of statutory remedies and directed the petitioner to pursue the appropriate statutory procedure for addressing the grievance.
Final Decision: The petition was disposed of with the observation that the petitioner could file a comprehensive representation to the Assistant Collector for initiating proceedings under the relevant statutory provisions.
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. 133 Ch. Chha area 0.3340 & 08347 hectares recorded as 'banzar and usar', situated at Village Kusungur (Jinshi), Tehsil Phoolpur, District Allahabad.
2. 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.
3. 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.
4. With these observations, we dispose of this petition. There shall be no order as to costs.
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