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ALLAHABAD HIGH COURT
Dr. Dhananjaya Yashwant Chandrachud, CJ., Yashwant Varma, J.
Habiburrahman - Appellant
Versus
State of U.P. And 3 Others - Respondent
Public Interest Litigation (Pil) No. - 15230 of 2016
Decided On : 06-04-2016
Public Interest Litigation - Encroachment on Public Utility Land - Statutory Remedy Available
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 as a statutory remedy was available under the U.P. Zamindari Abolition and Land Reforms Act, 1950 or 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, jurisdiction of the court in public interest litigation
Ratio Decidendi: The court emphasized the availability of a statutory remedy and directed the petitioner to pursue the matter through the appropriate statutory channels.
Final Decision: The petition was disposed of with the clarification that all facts would be subject to verification and any proceeding would be conducted with due notice to all affected parties. No costs were awarded.
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. 104 Kha area 1-1-16 recorded as 'pond' (Gadahi), situated at Mohalla Banjariya Khalilabad, Tehsil Khalilabad, District Sant Kabir Nagar.
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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