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ALLAHABAD HIGH COURT
Dr. Dhananjaya Yashwant Chandrachud, CJ., Yashwant Varma, J.
Ram Surat Saroj - Appellant
Versus
State of U.P. And 6 Others - Respondent
Public Interest Litigation (Pil) No. - 13849 of 2016
Decided On : 30-03-2016
Public Interest Litigation - Land Encroachment - Statutory Remedy under U.P. Zamindari Abolition and Land Reforms Act, 1950
Fact of the Case:
The petitioner filed a public interest litigation seeking the removal of an alleged encroachment on public utility land. The land in question is recorded as Rasta, situated at Village Patana, Post Basantnagar, Tehsil and District Chandauli.
Finding of the Court:
The court declined to entertain the petition as a statutory remedy is available under Section 122-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 or the new Uttar Pradesh Revenue Code, 2006. The court permitted the petitioner to file a comprehensive representation to the Assistant Collector for initiating a proceeding under the relevant statutory provisions.
Issues: The main issue was the availability of a statutory remedy for the alleged encroachment on public utility land.
Ratio Decidendi: The court emphasized the availability of a statutory remedy under the U.P. Zamindari Abolition and Land Reforms Act, 1950 or the new Uttar Pradesh Revenue Code, 2006, and directed the petitioner to pursue the remedy through a comprehensive representation to the Assistant Collector.
Final Decision: The court disposed of the petition, permitting the petitioner to pursue the statutory remedy and emphasizing that all facts shall be subject to due verification and any proceeding will be with due notice to all affected parties.
The petitioner, invoking the jurisdiction in a public interest litigation, seeks the removal of an alleged encroachment made on public utility land, comprising of Gata No.605/2, which is recorded as Rasta, situated at Village Patana, Post Basantnagar, Tehsil and District Chandauli.
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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